PROJECT MANUAL FOR SPOONER LAKE DAM … manual for spooner lake dam washburn county spooner, ... page 1 of 2 spooner lake dam washburn county spooner, wisconsin table of ... catalog

3433 Oakwood Hills Parkway Eau Claire, WI 54701-7698

715.834.3161 • Fax: 715.831.7500 www.AyresAssociates.com

Ayres Associates Project No. 26-0743.00A

PROJECT MANUAL

FOR

SPOONER LAKE DAM

WASHBURN COUNTY

SPOONER, WISCONSIN

JANUARY 2015

Page Intentionally Left Blank

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SPOONER LAKE DAM WASHBURN COUNTY

SPOONER, WISCONSIN

TABLE OF CONTENTS

Title No. of Pages

Title Page Table of Contents

BIDDING REQUIREMENTS

Advertisement for Bids ..................................................................................................... 1 Instructions to Bidders ..................................................................................................... 3 Bid Form .......................................................................................................................... 4 Bid Bond .......................................................................................................................... 2

CONTRACTING REQUIREMENTS

Agreement ....................................................................................................................... 8 Performance Bond ........................................................................................................... 3 Payment Bond ................................................................................................................. 3 General Conditions .......................................................................................................... 58 Supplementary Conditions .............................................................................................. 4 Prevailing Wage Rate Determination .............................................................................. 24

SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS 01 01 00 General Requirements .................................................................................. 4 01 22 50 Measurement and Payment .......................................................................... 4 01 57 19 Temporary Environmental Controls ............................................................... 3 DIVISION 03 - CONCRETE 03 30 00 Cast-In-Place Concrete ................................................................................. 7 DIVISION 05 - METALS 05 50 00 Metal Fabrications ......................................................................................... 3 05 52 04 Steel Railings ................................................................................................. 2 05 53 04 Stainless Steel Gratings ................................................................................ 2 DIVISION 09 - FINISHES 09 90 00 Painting and Coating ..................................................................................... 3 DIVISION 31 - EARTHWORK 31 05 10 Site Preparation ............................................................................................. 2 31 05 15 Construction Dewatering ............................................................................... 3 31 20 00 Earth Moving ................................................................................................. 6 DIVISION 32 - EXTERIOR IMPROVEMENTS 32 31 10 Chain Link Fences and Gates ....................................................................... 4 32 39 20 Beam Guard .................................................................................................. 1 32 39 76 Dam Warning Signs....................................................................................... 1

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TABLE OF CONTENTS

Title No. of Pages

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION 35 20 32 Stainless Steel Slide Gates ........................................................................... 3 35 20 82 Timber Stop Logs .......................................................................................... 2

APPENDICES

A Permits .................................................................................................................... 4 B Hydraulic Model Results ......................................................................................... 1 C Geotechnical Data .................................................................................................. 6

Bidding Requirements


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ADVERTISEMENT FOR BIDS

PROJECT: Spooner Lake Dam Washburn County Spooner, Wisconsin

BID DEADLINE: February 17, 2015 2:00 p.m., Local Time

NOTICE

Sealed bids for the above project will be received by Jon Johnson, Commissioner, Washburn County Highway Department, 1600 County Highway H, Spooner, WI 54801 until the Bid Deadline. Immediately thereafter, the bids will be publicly opened and read aloud.

In general the project consists of constructing a new cast-in-place concrete drop inlet structure at the upstream inlet to the Spooner Lake Dam.

A voluntary pre-bid meeting to examine the project site will be held on February 4, 2015, at 11:00 a.m. Meet at the project site.

A single prime bid will be received for the work.

BID SECURITY

Bids must be accompanied by bid security in the amount of 5% of the maximum bid amount. Bid and bid security may not be withdrawn for a period of 45 days after the Bid Deadline.

Bid security will be retained if the Bidder is awarded the Work and fails to execute the Agreement and furnish 100% Performance and Payment Bonds.

PROJECT FUNDING

This project is receiving funding under the Wisconsin Department of Natural Resources Municipal Dam Grant Program.

WAGE RATES

State prevailing wage rates are applicable to this project.

QUALIFICATIONS

If requested, the apparent low bidder will be required to submit evidence of qualifications to the Owner prior to award of contract.

RIGHTS RESERVED

Owner reserves the right to reject any or all bids and to waive informalities in any bid.

BIDDING DOCUMENTS

Bidding documents may be examined at Builders Exchanges in Eau Claire, La Crosse, Duluth, and Minneapolis; at the MEDA Construction Connection in Minneapolis; at the Dodge Plan Room in Minneapolis; and through the electronic plan rooms of McGraw-Hill Construction Dodge and Reed Construction Data.

Bidding documents may be obtained in PDF electronic format by download from the Quest Construction Data Network website, accessible via www.AyresAssociates.com by clicking on the "Bidding" link, for a non-refundable fee of $20.00.

Published by authority of: Washburn County


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INSTRUCTIONS TO BIDDERS

1. SUMMARY

A. The following documents shall be completed and submitted with each bid:

1. Bid Form 2. Bid Security

2. PREPARATION OF BIDS

A. Bids shall be prepared on the form provided in this Project Manual and submitted as specified. Bids will be received for the contract listed on the Bid Form. All blank spaces for bid prices shall be completed, in ink or typewritten, in both words and figures where provided. In case of discrepancy, written words shall govern over figures and unit prices shall govern over extended amounts. Bidder must sign the bid.

B. Bids may be rejected for the following reasons: alterations of the form, additions to the form, alternates not specified, incomplete bids, erasures, unbalanced prices, and irregularities of any kind. The term "unbalanced prices" shall mean the use of one or more unit prices that do not reflect the reasonable actual costs of labor, equipment, materials, profit, overhead costs, and indirect costs of the bidder for the item(s).

C. Submit original Bid Form and required supporting documents in a sealed envelope. Remove Bid Form from Project Manual; do not submit entire Project Manual. Mark the exterior of the envelope as follows:

BID (Project Name)

(Bidder's Name and Address)

D. If forwarded by mail, the sealed envelope containing the bid shall be enclosed in another envelope addressed as specified.

3. FAX TRANSMISSION AND E-MAIL

A. Fax transmission or e-mailing of Bid Form or required supporting documents to individual designated to receive bids will not be acceptable.

4. WITHDRAWAL OR MODIFICATION OF BID

A. Unless prohibited by laws and regulations, a bidder may withdraw or modify its bid, provided a written request is in the hands of the official or person authorized to receive bids prior to the Bid Deadline. Thereafter, a bid may not be withdrawn or modified during the bid holding period specified in the Advertisement for Bids.

5. BID SECURITY

A. Bids shall be accompanied by a bid bond, certified check, or bank cashier's check in the amount specified in the Advertisement for Bids made payable to Owner as a guarantee that the bidder will enter into a contract and furnish bonds. Certified checks shall be drawn on the account of the bidder. Bid bonds shall be executed by the bidder and by a surety corporation licensed to transact business in the state where the project is located.

B. Bidders shall require Attorneys-in-fact who execute bid bonds or contract bonds to affix thereto a certified and current copy of their power of attorney.

C. Bid security of the three lowest bidders will be released when the contract has been executed or, if no award has been made within the specified bid holding period, upon demand of the bidder at any time

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thereafter so long as bidder has not been notified of acceptance of its bid. All other bid securities will be released within 10 days after the opening of bids.

6. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

A. The successful bidder, upon failure or refusal to execute and deliver the contract and bonds required within 10 days after receiving Notice of Award, shall forfeit the bid security to Owner as liquidated damages for such failure or refusal.

7. QUALIFICATIONS OF BIDDER

A. Before the award of any contract, the Owner shall be satisfied that the bidder, (a) maintains a permanent place of business, (b) has adequate equipment to do the work properly and expeditiously, (c) has a suitable financial status to meet obligations incident to the work, (d) has appropriate technical experience, and (e) has satisfactorily completed contracts of similar nature and magnitude.

B. If requested, the apparent low bidder shall submit evidence of qualifications to Owner prior to award of contract.

8. ADDENDA AND INTERPRETATIONS

A. No binding interpretation of the meaning or intent of the drawings, specifications, or other bidding documents will be made to any bidder orally. Requests for such interpretation shall be made to Ayres Associates in writing. Requests received less than 7 days prior to the Bid Deadline may not be answered. Interpretations or clarifications considered necessary by A/E in response to such requests will be issued by addenda mailed or delivered to all parties recorded by A/E as having received the bidding documents. All addenda so issued shall become part of the bidding documents and shall be acknowledged on the Bid Form. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under this bid as submitted.

9. SUBSTITUTIONS (BID PHASE)

A. Bids shall be based on those products, materials, and equipment specified or described in the bidding documents, or those substitute or "or equal" items approved by addendum.

B. Products, materials, and equipment identified in the bidding documents by reference to a manufacturer's name, catalog number, or model are identified for the purpose of establishing a standard of type, function, appearance, and quality. Bidders desiring to submit bids for manufacturers or products not previously named shall submit a substitution request for approval not later than 10 days prior to the Bid Deadline.

C. Requests for substitution of alternate products or use of "or equal" items shall be submitted with complete references to manufacturer's product identification and specification data indicating composition, guarantee, availability, applicable standards or agency approvals met or exceeded, restrictions imposed on product, and manufacturer's recommended method of application or installation. A substitution or an "or equal" item will be considered acceptable if the product will perform adequately the duties imposed by the general design and, in the opinion of the A/E, is of equal substance, quality, appearance, and function, unless the named item is necessary for interchangeability or if the named product has been demonstrated to be most cost-effective. If approved by addendum, the requested substitution or "or equal" item may be included in the Contract Bid amount.

10. LIST OF SUBCONTRACTORS

A. Bidders are required to submit, with the Bid Form, a list of subcontractors. Failure to complete this list may be considered cause to recommend rejection of the bid.

B. Bidders are specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to Owner. If Owner, after due investigation, has reasonable objection to any proposed subcontractor or supplier, Owner may, before the Notice of Award is given, request apparent successful bidder to submit a substitute without an increase in the bid. If

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apparent successful bidder declines to make any such substitution, Owner may award the Contract to the next lowest bidder that proposes to use acceptable subcontractors and suppliers. Declining to make requested substitutions will not constitute grounds for forfeiture of the bid security of any bidder.

11. DISCLOSURE OF OWNERSHIP

A. Bidder shall disclose on the date of submitting a bid for this project, the name of any construction business of which bidder has had a 25% or greater interest as a shareholder, officer, partner, or owner at any time during the preceding three years, if said construction business has been found by the Wis. Dept. of Workforce Development to have failed to pay the prevailing wage rate or at least 1.5 times the hourly basic rate of pay for hours worked in excess of the prevailing hours of labor to any employee at any time within the preceding three years. The "Disclosure of Ownership" form may be obtained at no charge from the Department of Workforce Development, Equal Rights Division, P.O. Box 8928, Madison, Wisconsin 53708.

12. AWARD OF CONTRACT

A. A single prime contract will be awarded on the basis of lowest responsible, responsive total bid amount in the Owner's best interests.

B. The Owner reserves the right to reject any or all bids, including bids which, in the opinion of Owner, are excessive or not sufficient to properly carry out the work. The Owner reserves the right to reject the bid of bidders who have previously failed to properly perform or complete on time contracts of similar nature.

C. Bidder shall, if awarded a contract, deliver executed agreement forms within 10 days of the date of the Notice of Award, including satisfactory bonds which shall remain in effect for one year after acceptance of the work and component parts by the Owner. Said bonds shall be 100% Performance Bond and 100% Labor and Material Payment Bond in the amount of Bid and on forms furnished by Owner.

13. PAYMENTS TO CONTRACTOR

A. Progress payments to Contractor and retainage on progress payments will be in accordance with the Supplementary Conditions.

14. WAGE RATES

A. Minimum wages to be paid on the project shall be in accordance with State wage determinations included in this Project Manual.

15. GEOTECHNICAL DATA

A. Subsurface investigations have been performed pertaining to this project site. A copy of the geotechnical report is contained in Appendix A of this Project Manual.

B. The cover page to the geotechnical report indicates the extent to which information on existing physical conditions can be relied upon for bidding purposes.

16. PRE-BID MEETING

A. A pre-bid meeting will be held at the place and time indicated in the Advertisement for Bids. Representatives of Owner and A/E will be present to discuss the project. Bidders are encouraged to attend and participate in the meeting. A/E will transmit to all bidding document holders of record such Addenda as A/E considers necessary in response to questions arising at the meeting.


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BID FORM

PROJECT: Spooner Lake Dam Washburn County Spooner, Wisconsin

BID DEADLINE: February 17, 2015 2:00 p.m., Local Time

To: Washburn County

We __________________________________________________________________ (Name of Bidder) acknowledge that we have received the Contract Documents, prepared by Ayres Associates and dated January 2015, that are listed in the Project Manual Table of Contents and Drawing Index. We hereby agree to provide all labor, materials, equipment, and services required to complete the work in strict accordance with the Contract Documents for the following stated amounts.

BID SCHEDULE

Item No.

Description

Unit

Approx. Quantity

Unit Price

Total Price

1 Mobilization L.S. 1

2 Erosion Control L.S. 1

3 Construction Dewatering L.S. 1

4 Demolition/Removals L.S. 1

5 Earthwork L.S. 1

6 Structural Fill C.Y. 25

7 Cast-in-Place Concrete - Dam C.Y 20

8 Cast-in-Place Concrete - Deck S.F. 140

9 Beam Guard and End Treatments L.S. 1

10 Steel Railing L.F. 38

11 Steel Trashracks L.S. 1

12 Stainless Steel Slide Gate L.S. 1

13 Stoplogs, Slots, and Grating L.S. 1

14 Dam Warning Sign L.S. 1

15 Benchmark Marker L.S. 1

16 Chain Link Fence and Gate L.S. 1

Total Bid Amount, Items 1 thru 16, shall be _________________________________________________

______________________________________________________ Dollars ($ ___________________ )


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BID SECURITY

Accompanying this bid is a (bond) (certified check) (cashier's check) in the amount of _______________ _______________________________________________ dollars ($___________________) payable to Owner, which is at least five percent (5%) of the maximum bid amount, and will be retained by Owner as liquidated damages if the undersigned fails to execute agreements and furnish bonds within 10 days after Notice of Award.

WITHDRAWAL OF BID

It is agreed that this bid and bid security may not be withdrawn for a period of 45 days after the Bid Deadline.

TIME OF COMPLETION

The undersigned agrees, if awarded the contract, to:

Start work on the contract within 10 calendar days after "Notice to Proceed". (It is anticipated that a Notice to Proceed will be issue immediately after the contract is awarded and the Agreement has been signed by both parties.)

Start work at the project site in spring 2015 when conditions are suitable and substantially complete the work within 90 calendar days thereafter. The Contractor will be allowed to select the date for starting work at the project site, provided the calculated substantial completion date is no later than August 28, 2015.

Failure to substantially complete the work within the stated time will result in liquidated damages of $300.00 per calendar day thereafter until substantial completion.

BIDDER'S WARRANTY

By the act of submitting a bid for the proposed work, the bidder warrants that:

1. Bidder and its subcontractors have carefully and thoroughly reviewed the Contract Documents and have found them complete, free of ambiguities, and sufficient for the purpose intended; further that,

2. Bidder and all workers, employees, and subcontractors are skilled and experienced in the type of work represented by the Contract Documents; further that,

3. Bid is based solely upon the Contract Documents and properly issued written addenda and not upon any other representation; further that,

4. Bidder has carefully examined the site of the work and from its investigations is satisfied as to the nature and location of work, the character, quality, quantities of materials, and difficulties to be encountered, the kind and extent of equipment and other facilities needed for performance of the work, the general and local conditions, and other items which may, in any way, affect the work or its performance; and further that,

5. Neither the bidder nor its employees, agents, prospective suppliers, or subcontractors have relied upon any verbal representations allegedly authorized or unauthorized from the Owner, its employees or agents, including architects, engineers, and consultants, in assembling the bid.


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LIST OF SUBCONTRACTORS

The following is a list of subcontractors whose bids were used in this bid. It is agreed that after submission of this list, no change may be made in subcontractors as listed without submitting change for Owner review in accordance with the conditions of the contract. If there are no subcontractors, state "None."

Subcontract: Subcontractor:


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ADDENDA

The undersigned acknowledges receipt of addenda ___________ to ___________ inclusive.

ORGANIZATION AND AUTHORITY

The undersigned hereby certifies that the bidder is organized as indicated below and that all statements herein are made on behalf of such bidder.

Business Name __________________________________________________

Business Address ______________________________________________

______________________________________________

Telephone Number ______________________________________________

Fax Number ______________________________________________

E-Mail Address ______________________________________________

State Contractor Registration/License No. (if applicable) __________________

(Complete applicable paragraph 1, 2, 3, or 4.)

1. Corporation. Bidder is a corporation organized under the laws of the state of _________________.

Its corporate president is ___________________________________ and its corporate secretary is

___________________________________. The __________________________ is authorized to

submit bids and sign construction contracts for the bidder by action of the board of directors.

2. Limited Liability Corporation. Bidder is a limited liability corporation organized under the laws of the

state of _________________. Its members are _________________________________________

_________________________________________________. The _________________________

is authorized to submit bids and sign construction contracts for the bidder.

3. Partnership. Bidder is a partnership consisting of partners ________________________________

______________________________________ and ____________________________________.

4. Sole Trader. Bidder is an individual doing business as ___________________________________

______________________________________________________________________________.

SWORN STATEMENT

I, being duly sworn, hereby certify that I have examined and carefully prepared this bid from the Contract Documents and have checked the same in detail before submitting this bid; that I have full authority to make such statements and submit this bid on behalf of the above bidder; and that said statements are true and correct.

Signature ______________________________________________________

Name and Title __________________________________________________

(Seal, if bid is by a corporation)

Subscribed and sworn to before me this ________________________

day of ________________________________, 20 _______________

_____________________________________________ Notary Public

_________________________ County, ________________________

My Commission expires _____________________________________


DAMAGES FORM

EJCDC® C‐435, Bid Bond (Damages Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 2 [004315D]

BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name— Include Location): BOND Bond Number: Date: Penal sum $

(Words) (Figures)Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title Attest: Attest:

Signature Signature

Title TitleNote: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

DAMAGES FORM

EJCDC® C‐435, Bid Bond (Damages Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee.

Page 2 of 2 [004315D]

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder that submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any

extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre‐paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

Contracting Requirements


EJCDC® C-520, (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 8

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is dated as of the day of in the

year by and between

("Owner") and

("Contractor").

Owner and Contractor hereby agree as follows:

ARTICLE 1 - WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

ARTICLE 2 - THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

ARTICLE 3 - ENGINEER

3.01 The part of the Project that pertains to the Work has been designed by .

3.02 The Owner has retained ("Engineer"), which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially completed on or before , , and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before , .

B. Parts of the Work shall be substantially completed on or before the following Milestone(s):

1. Milestone 1:



2. Milestone 2:

4.02 Contract Times: Days

A. The Work will be substantially completed within days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within days after the date when the Contract Times commence to run.

B. Parts of the Work shall be substantially completed on or before the following Milestone(s):

1. Milestone 1:

2. Milestone 2:

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $ for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

4. Milestone 1: Contractor shall pay Owner $ for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved.

5. Milestone 2: Contractor shall pay Owner $ for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 2, until Milestone 2 is achieved.

ARTICLE 5 - CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Work other than Unit Price Work, a lump sum of:



All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.

B. For all Unit Price Work, an amount equal to the sum of the extended price (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). The extended prices are as indicated in Contractor's Bid, attached hereto as an exhibit. The estimated total of all extended prices for Unit Price Work is:

The extended prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the day of once each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract:

a. 95 percent of the Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and

b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

c. At 50 percent completion, no additional amounts will be retained unless Engineer certifies that the Work is not proceeding satisfactorily, but amounts previously retained will not be paid to Contractor. At 50 percent completion or any time thereafter when the progress of the Work is not satisfactory, additional amounts may be retained but in no event will total retainage be more than 10 percent of the Work completed and materials and equipment delivered, suitably stored, and accompanied by required documentation.



B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed Contract Price (with the balance being retainage), less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 - INTEREST

7.01 All moneys not paid when due shall bear interest at the rate of 12 percent per annum.

ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.



H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 - CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to , inclusive).

2. General Conditions (pages to , inclusive) which are bound separately in Project Manual.

3. Supplementary Conditions (pages to , inclusive) which are bound separately in Project Manual.

4. Specifications as listed in the Project Manual table of contents and bound separately.

5. Drawings as listed in the Drawing index and bound separately.

6. Addenda (numbers to , inclusive) which are bound separately in Project Manual.

7. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages to , inclusive) marked Exhibit .

b. Project Manual table of contents (pages to , inclusive) marked Exhibit .

c. Drawing index (pages to , inclusive) marked Exhibit .

d. Performance bond (pages to , inclusive, plus attachments) marked Exhibit .

e. Payment bond (pages to , inclusive, plus attachments) marked Exhibit .

8. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.



d. Field Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 - MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings indicated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;



3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.06 Other Provisions

A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.

[Remainder of Page Intentionally Left Blank]



IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf.

This Agreement will be effective as of the date first written on Page 1 of the Agreement (which is the Effective Date of the Contract).

OWNER

CONTRACTOR

Signed:

Signed:

Title:

Title:

Date:

Date:

[CORPORATE SEAL] [CORPORATE SEAL]

Attest: Attest:

Title:

Title:

Address for giving notices:

Address for giving notices:

License

(Where applicable)

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

EJCDC® C‐610, Performance Bond

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 [006115D]

PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address): CONSTRUCTION CONTRACT

Effective Date of the Agreement: Amount: Description (name and location):

BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount: Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party shall be considered plural where applicable.



1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence,

to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non‐performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.



10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims

for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:


EJCDC® C‐615, Payment Bond


PAYMENT BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement: Amount: Description (name and location):

BOND

Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount: Modifications to this Bond Form: None See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause

this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference

to Contractor, Surety, Owner, or other party shall be considered plural where applicable.



1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with the Contractor,

5.1.1 have furnished a written notice of non‐

payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the

address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non‐payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non‐payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed amounts.

7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.



12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

16. Definitions

16.1 Claim: A written statement by the Claimant including at a minimum:

1. The name of the Claimant; 2. The name of the person for whom the labor

was done, or materials or equipment furnished;

3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract;

4. A brief description of the labor, materials, or equipment furnished;

5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;

6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;

7. The total amount of previous payments received by the Claimant; and

8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim.

16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.

16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

18. Modifications to this Bond are as follows:


EJCDC® C‐700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 1 of 58 [007215D]

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT



Copyright © 2013:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314‐2794

(703) 684‐2882

www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347‐7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191‐4400

(800) 548‐2723

www.asce.org

The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.



STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page Article 1 – Definitions and Terminology ........................................................................................................................ 7

1.01 Defined Terms ...................................................................................................................................... 7

1.02 Terminology ........................................................................................................................................ 10

Article 2 – Preliminary Matters .................................................................................................................................... 11

2.01 Delivery of Bonds and Evidence of Insurance ..................................................................................... 11

2.02 Copies of Documents .......................................................................................................................... 11

2.03 Before Starting Construction .............................................................................................................. 11

2.04 Preconstruction Conference; Designation of Authorized Representatives ........................................ 11

2.05 Initial Acceptance of Schedules .......................................................................................................... 12

2.06 Electronic Transmittals ....................................................................................................................... 12

Article 3 – Documents: Intent, Requirements, Reuse ................................................................................................. 12

3.01 Intent .................................................................................................................................................. 12

3.02 Reference Standards .......................................................................................................................... 12

3.03 Reporting and Resolving Discrepancies .............................................................................................. 13

3.04 Requirements of the Contract Documents ......................................................................................... 13

3.05 Reuse of Documents ........................................................................................................................... 14

Article 4 – Commencement and Progress of the Work ............................................................................................... 14

4.01 Commencement of Contract Times; Notice to Proceed ..................................................................... 14

4.02 Starting the Work ............................................................................................................................... 14

4.03 Reference Points ................................................................................................................................. 14

4.04 Progress Schedule ............................................................................................................................... 14

4.05 Delays in Contractor’s Progress .......................................................................................................... 15

Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ........... 15

5.01 Availability of Lands ............................................................................................................................ 15

5.02 Use of Site and Other Areas ............................................................................................................... 16

5.03 Subsurface and Physical Conditions ................................................................................................... 16

5.04 Differing Subsurface or Physical Conditions ....................................................................................... 17

5.05 Underground Facilities ....................................................................................................................... 18

5.06 Hazardous Environmental Conditions at Site ..................................................................................... 19

Article 6 – Bonds and Insurance .................................................................................................................................. 21

6.01 Performance, Payment, and Other Bonds .......................................................................................... 21

6.02 Insurance—General Provisions ........................................................................................................... 21



6.03 Contractor’s Insurance ....................................................................................................................... 22

6.04 Owner’s Liability Insurance ................................................................................................................. 24

6.05 Property Insurance ............................................................................................................................. 24

6.06 Waiver of Rights ................................................................................................................................. 26

6.07 Receipt and Application of Property Insurance Proceeds .................................................................. 26

Article 7 – Contractor’s Responsibilities ...................................................................................................................... 27

7.01 Supervision and Superintendence ...................................................................................................... 27

7.02 Labor; Working Hours ......................................................................................................................... 27

7.03 Services, Materials, and Equipment ................................................................................................... 27

7.04 “Or Equals” ......................................................................................................................................... 27

7.05 Substitutes .......................................................................................................................................... 28

7.06 Concerning Subcontractors, Suppliers, and Others ............................................................................ 29

7.07 Patent Fees and Royalties ................................................................................................................... 30

7.08 Permits ................................................................................................................................................ 31

7.09 Taxes ................................................................................................................................................... 31

7.10 Laws and Regulations ......................................................................................................................... 31

7.11 Record Documents ............................................................................................................................. 32

7.12 Safety and Protection ......................................................................................................................... 32

7.13 Safety Representative ......................................................................................................................... 32

7.14 Hazard Communication Programs ...................................................................................................... 33

7.15 Emergencies ....................................................................................................................................... 33

7.16 Shop Drawings, Samples, and Other Submittals ................................................................................ 33

7.17 Contractor’s General Warranty and Guarantee ................................................................................. 35

7.18 Indemnification................................................................................................................................... 35

7.19 Delegation of Professional Design Services ........................................................................................ 36

Article 8 – Other Work at the Site ............................................................................................................................... 36

8.01 Other Work ......................................................................................................................................... 36

8.02 Coordination ....................................................................................................................................... 37

8.03 Legal Relationships ............................................................................................................................. 37

Article 9 – Owner’s Responsibilities ............................................................................................................................ 38

9.01 Communications to Contractor .......................................................................................................... 38

9.02 Replacement of Engineer ................................................................................................................... 38

9.03 Furnish Data ........................................................................................................................................ 38

9.04 Pay When Due .................................................................................................................................... 38

9.05 Lands and Easements; Reports, Tests, and Drawings ......................................................................... 38

9.06 Insurance ............................................................................................................................................ 38

9.07 Change Orders .................................................................................................................................... 38



9.08 Inspections, Tests, and Approvals ...................................................................................................... 38

9.09 Limitations on Owner’s Responsibilities ............................................................................................. 38

9.10 Undisclosed Hazardous Environmental Condition ............................................................................. 39

9.11 Evidence of Financial Arrangements .................................................................................................. 39

9.12 Safety Programs .................................................................................................................................. 39

Article 10 – Engineer’s Status During Construction ..................................................................................................... 39

10.01 Owner’s Representative ..................................................................................................................... 39

10.02 Visits to Site ........................................................................................................................................ 39

10.03 Project Representative ....................................................................................................................... 39

10.04 Rejecting Defective Work ................................................................................................................... 39

10.05 Shop Drawings, Change Orders and Payments .................................................................................. 39

10.06 Determinations for Unit Price Work ................................................................................................... 40

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ............................... 40

10.08 Limitations on Engineer’s Authority and Responsibilities .................................................................. 40

10.09 Compliance with Safety Program ....................................................................................................... 40

Article 11 – Amending the Contract Documents; Changes in the Work ..................................................................... 40

11.01 Amending and Supplementing Contract Documents ......................................................................... 40

11.02 Owner‐Authorized Changes in the Work ............................................................................................ 41

11.03 Unauthorized Changes in the Work.................................................................................................... 41

11.04 Change of Contract Price .................................................................................................................... 41

11.05 Change of Contract Times .................................................................................................................. 42

11.06 Change Proposals ............................................................................................................................... 42

11.07 Execution of Change Orders ............................................................................................................... 43

11.08 Notification to Surety ......................................................................................................................... 43

Article 12 – Claims ....................................................................................................................................................... 43

12.01 Claims ................................................................................................................................................. 43

Article 13 – Cost of the Work; Allowances; Unit Price Work ....................................................................................... 44

13.01 Cost of the Work ................................................................................................................................. 44

13.02 Allowances .......................................................................................................................................... 46

13.03 Unit Price Work .................................................................................................................................. 47

Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................................... 47

14.01 Access to Work ................................................................................................................................... 47

14.02 Tests, Inspections, and Approvals ...................................................................................................... 47

14.03 Defective Work ................................................................................................................................... 48

14.04 Acceptance of Defective Work ........................................................................................................... 49

14.05 Uncovering Work ................................................................................................................................ 49

14.06 Owner May Stop the Work ................................................................................................................. 49



14.07 Owner May Correct Defective Work .................................................................................................. 49

Article 15 – Payments to Contractor; Set‐Offs; Completion; Correction Period ......................................................... 50

15.01 Progress Payments ............................................................................................................................. 50

15.02 Contractor’s Warranty of Title ............................................................................................................ 52

15.03 Substantial Completion ...................................................................................................................... 52

15.04 Partial Use or Occupancy .................................................................................................................... 53

15.05 Final Inspection ................................................................................................................................... 53

15.06 Final Payment ..................................................................................................................................... 54

15.07 Waiver of Claims ................................................................................................................................. 54

15.08 Correction Period................................................................................................................................ 55

Article 16 – Suspension of Work and Termination ...................................................................................................... 55

16.01 Owner May Suspend Work ................................................................................................................. 55

16.02 Owner May Terminate for Cause ....................................................................................................... 56

16.03 Owner May Terminate For Convenience ............................................................................................ 56

16.04 Contractor May Stop Work or Terminate ........................................................................................... 57

Article 17 – Final Resolution of Disputes ..................................................................................................................... 57

17.01 Methods and Procedures ................................................................................................................... 57

Article 18 – Miscellaneous ........................................................................................................................................... 57

18.01 Giving Notice ...................................................................................................................................... 57

18.02 Computation of Times ........................................................................................................................ 58

18.03 Cumulative Remedies ......................................................................................................................... 58

18.04 Limitation of Damages ........................................................................................................................ 58

18.05 No Waiver ........................................................................................................................................... 58

18.06 Survival of Obligations ........................................................................................................................ 58

18.07 Controlling Law ................................................................................................................................... 58

18.08 Headings ............................................................................................................................................. 58



ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set‐off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.



12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. .

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Engineer—The individual or entity named as such in the Agreement.

21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

24. Liens—Charges, security interests, or encumbrances upon Contract‐related funds, real property, or personal property.

25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.

26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start‐up, and of which the Work to be performed under the Contract Documents is a part.

31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms,



General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities.

35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights‐of‐way and easements, and such other lands furnished by Owner which are designated for the use of Contractor.

38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.

42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products,



telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work—Work to be paid for on the basis of unit prices.

47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start‐up, and commissioning, all as required by the Contract Documents.

48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.



4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well‐known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.

C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.

2.03 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such



individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.05 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work.

2.06 Electronic Transmittals

A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project‐related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website.

B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols.

C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents.

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern.

D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.



2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:

a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Requirements of the Contract Documents

A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim.



C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

3.05 Reuse of Documents

A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier.

4.02 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date.

4.03 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or



during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. abnormal weather conditions;

3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

4. acts of war or terrorism.

D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5.

E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.

G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.



C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.

2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible.

B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site;

2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and

3. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but



such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.

5.04 Differing Subsurface or Physical Conditions

A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either:

1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or

2. is of such a nature as to require a change in the Drawings or Specifications; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations.

C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part.

D. Possible Price and Times Adjustments:

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A;



b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if:

a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or

b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or

c. Contractor failed to give the written notice as required by Paragraph 5.04.A.

3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question.

5.05 Underground Facilities

A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and

2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

a. reviewing and checking all information and data regarding existing Underground Facilities at the Site;

b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site;

c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer.

C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare



recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part.

E. Possible Price and Times Adjustments:

1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question;

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;

c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and

d. Contractor gave the notice required in Paragraph 5.05.B.

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

5.06 Hazardous Environmental Conditions at Site

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

2. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or



2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set‐off against payments to account for the associated costs.

F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set‐off.

H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8.

I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.



J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 6 – BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract.

B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney‐in‐fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney‐in‐fact signed the accompanying bond.

C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.

D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.

E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16.

F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work.

6.02 Insurance—General Provisions

A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions.

B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A‐VII or better.

C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance



establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self‐insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self‐insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.

F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set‐off against payment, and exercise Owner’s termination rights under Article 16.

H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.

I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests.

J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract.

6.03 Contractor’s Insurance

A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for:

1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts.

2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable).

3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop‐gap endorsement in monopolist worker’s compensation states).

4. Foreign voluntary worker compensation (if applicable).

B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against:

1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees.

2. claims for damages insured by reasonably available personal injury liability coverage.

3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.



C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage:

a. Such insurance shall be maintained for three years after final payment.

b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Broad form property damage coverage.

4. Severability of interest.

5. Underground, explosion, and collapse coverage.

6. Personal injury coverage.

7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent.

8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry‐standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies.

F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third‐party injury and property damage claims, including clean‐up costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion.

G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non‐contributory basis. Contractor shall obtain all necessary endorsements to support these requirements.

H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor.



I. General provisions: The policies of insurance required by this Paragraph 6.03 shall:

1. include at least the specific coverages provided in this Article.

2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy.

4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.

6.04 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties.

6.05 Property Insurance

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.”

2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor.



3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner‐furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects).

5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

6. extend to cover damage or loss to insured property while in transit.

7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

8. allow for the waiver of the insurer’s subrogation rights, as set forth below.

9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered.

10. not include a co‐insurance clause.

11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions.

12. include performance/hot testing and start‐up.

13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete.

B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured.

C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense.

F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount.



6.06 Waiver of Rights

A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued.

B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for:

1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them.

D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work.

6.07 Receipt and Application of Property Insurance Proceeds

A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed.



ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

7.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld.

7.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

7.04 “Or Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below.

1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that:

1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;



2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3) it has a proven record of performance and availability of responsive service; and

4) it is not objectionable to Owner.

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or‐equal” request. Engineer may require Contractor to furnish additional data about the proposed “or‐equal” item. Engineer will be the sole judge of acceptability. No “or‐equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or‐equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination.

D. Effect of Engineer’s Determination: Neither approval nor denial of an “or‐equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or‐equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.

E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or‐equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05.

7.05 Substitutes

A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site.

1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:

a. shall certify that the proposed substitute item will:

1) perform adequately the functions and achieve the results called for by the general design,

2) be similar in substance to that specified, and

3) be suited to the same use as that specified.

b. will state:

1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times,



2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and

3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

c. will identify:

1) all variations of the proposed substitute item from that specified, and

2) available engineering, sales, maintenance, repair, and replacement services.

d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination.

C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal.

7.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.

B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so.

C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection.

D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days.



E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity.

F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement.

G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.

H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal.

I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions.

J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work.

K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein.

L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer.

N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier.

O. Nothing in the Contract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor

2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

7.07 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of



any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.

7.08 Permits

A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work

7.09 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

7.10 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03.

C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value‐added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.



7.11 Record Documents

A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer.

7.12 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work.

D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site.

E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.13 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.



7.14 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

7.16 Shop Drawings, Samples, and Other Submittals

A. Shop Drawing and Sample Submittal Requirements:

1. Before submitting a Shop Drawing or Sample, Contractor shall have:

a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require.

1. Shop Drawings:

a. Contractor shall submit the number of copies required in the Specifications.

b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D.

2. Samples:

a. Contractor shall submit the number of Samples required in the Specifications.



b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D.

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications.

D. Engineer’s Review:

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto.

3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order.

5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B.

6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document.

8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4.

E. Resubmittal Procedures:

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set‐off against payments due to Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set‐off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.



7.17 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:

1. observations by Engineer;

2. recommendation by Engineer or payment by Owner of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

4. use or occupancy of the Work or any part thereof by Owner;

5. any review and approval of a Shop Drawing or Sample submittal;

6. the issuance of a notice of acceptability by Engineer;

7. any inspection, test, or approval by others; or

8. any correction of defective Work by Owner.

D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract.

7.18 Indemnification

A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable.

B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.



C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

7.19 Delegation of Professional Design Services

A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations.

B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer.

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.

D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer.

ARTICLE 8 – OTHER WORK AT THE SITE

8.01 Other Work

A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third‐party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor.

C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting,



excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected.

D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

8.02 Coordination

A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work:

1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;

2. an itemization of the specific matters to be covered by such authority and responsibility; and

3. the extent of such authority and responsibilities.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.

8.03 Legal Relationships

A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set‐off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph.

C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set‐off against payments due to Contractor.

D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or



utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9 – OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.

9.02 Replacement of Engineer

A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer.

9.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

9.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in the Agreement.

9.05 Lands and Easements; Reports, Tests, and Drawings

A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.

B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03.

C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

9.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.

9.07 Change Orders

A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.

9.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B.

9.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.



9.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.

9.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work).

9.12 Safety Programs

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract.

10.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

10.03 Project Representative

A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.

10.04 Rejecting Defective Work

A. Engineer has the authority to reject Work in accordance with Article 14.

10.05 Shop Drawings, Change Orders and Payments

A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16.



B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19.

C. Engineer’s authority as to Change Orders is set forth in Article 11.

D. Engineer’s authority as to Applications for Payment is set forth in Article 15.

10.06 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.08 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any.

10.09 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

1. Change Orders:

a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order.



A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.

b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order.

2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.

3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.02 Owner‐Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.03 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.

11.04 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or



2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.

11.05 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.

B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress.

11.06 Change Proposals

A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set‐off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents.

1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor



shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal.

2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

11.07 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. changes in Contract Price resulting from an Owner set‐off, unless Contractor has duly contested such set‐off;

3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12.

B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.

11.08 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12 – CLAIMS

12.01 Claims

A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article:

1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;



2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and

3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters.

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer.

D. Mediation:

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process.

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator.

3. Owner and Contractor shall each pay one‐half of the mediator’s fees and costs.

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.

F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.

G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost‐plus‐fee, time‐and‐materials, or other cost‐based terms; or



2. To determine the value of a Change Order, Change Proposal, Claim, set‐off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.



f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost‐plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set‐off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C.

E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

13.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

B. Cash Allowances: Contractor agrees that:

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and



2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

13.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph.

E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if:

1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;

2. there is no corresponding adjustment with respect to any other item of Work; and

3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.

14.02 Tests, Inspections, and Approvals

A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be



furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work;

3. by manufacturers of equipment furnished under the Contract Documents;

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice.

14.03 Defective Work

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.

B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work.

C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set‐off against payments due under Article 15.



14.04 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set‐off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work

A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense.

C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set‐off against payments due under Article 15.

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.06 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

14.07 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents



and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.

C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set‐offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET‐OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost‐based Work will be based on Cost of the Work completed by Contractor during the pay period.

B. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

C. Review of Applications:

1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities



and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work, or

b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or

d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.

6. Engineer will recommend reductions in payment (set‐offs) necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, requiring correction or replacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

D. Payment Becomes Due:

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set‐offs) will become due, and when due will be paid by Owner to Contractor.

E. Reductions in Payment by Owner:

1. In addition to any reductions in payment (set‐offs) recommended by Engineer, Owner is entitled to impose a set‐off against payment based on any of the following:

a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs,



losses, or damages from workplace injuries, adjacent property damage, non‐compliance with Laws and Regulations, and patent infringement;

b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Contractor has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;

f. the Work is defective, requiring correction or replacement;

g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

h. the Contract Price has been reduced by Change Orders;

i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred;

j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work;

k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

l. there are other items entitling Owner to a set off against the amount recommended.

2. If Owner imposes any set‐off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.

15.02 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.

15.03 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any



provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

15.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work.

2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance.

15.05 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.



15.06 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment.

2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents;

b. consent of the surety, if any, to final payment;

c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.

d. a list of all disputes that Contractor believes are unsettled; and

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set‐offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment.

D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to set‐offs for liquidated damages and set‐offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.

15.07 Waiver of Claims

A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after



final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17.

15.08 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. correct the defective repairs to the Site or such other adjacent areas;

2. correct such defective Work;

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).

C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work.



16.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of Owner or Engineer.

B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and

2. enforce the rights available to Owner under any applicable performance bond.

C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.

16.03 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;



2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination.

16.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures

A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article:

1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and

2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made.

B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may:

1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or

2. agree with the other party to submit the dispute to another dispute resolution process; or

3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.

ARTICLE 18 – MISCELLANEOUS

18.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice.



18.02 Computation of Times

A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

18.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

18.04 Limitation of Damages

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver

A. A party’s non‐enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

18.06 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

18.07 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

18.08 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

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SUPPLEMENTARY CONDITIONS

1. GENERAL

A. These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2013 Edition). All provisions which are not so amended or supplemented remain in full force and effect.

2. DEFINITIONS

A. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions.

B. The term Shop Drawings shall include submittals identified as "product data" in the Specifications.

3. COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED

A. Delete paragraph 4.01.A of the General Conditions in its entirety and insert the following in its place:

A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement, unless otherwise stated in the Agreement.

4. SUBSURFACE, PHYSICAL, AND HAZARDOUS ENVIRONMENTAL CONDITIONS

A. Supplement paragraph 5.03.A.1 of the General Conditions as follows: The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to Owner: See Appendix C.

B. Supplement paragraph 5.03.A.2 of the General Conditions as follows: The following drawings of physical conditions relating to existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities) are known to Owner: None.

C. Supplement paragraph 5.06.A of the General Conditions as follows: The following reports and drawings regarding Hazardous Environmental Conditions at the Site are known to Owner: None.

5. PERFORMANCE AND PAYMENT BONDS

A. Add the following to paragraph 6.01 of the General Conditions: The performance and payment bonds furnished for the project are for a public improvement contract. The bonds shall be construed to comply with Wis. Stats., s. 779.14.

6. CONTRACTOR'S LIABILITY INSURANCE

A. The limits of liability for the insurance required by paragraph 6.03 of the General Conditions shall be not less than the following amounts or greater where required by Laws and Regulations:

1. Workers' Compensation and related coverages under paragraphs 6.03.A.1 and A.2 of the General Conditions: a. State and Applicable Federal: Statutory b. Employer's Liability: $ 100,000 Each Accident

$ 100,000 Disease, Each Employee $ 500,000 Disease, Policy Limit

2. Contractor's Commercial General Liability under paragraphs 6.03.B and 6.03.C of the General Conditions: a. Each Occurrence (Bodily Injury and

Property Damage): $ 2,000,000 b. Personal and Advertising Injury: $ 2,000,000

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c. General Aggregate: $ 4,000,000 d. Products-Completed Operations Aggregate: $ 4,000,000

3. Automobile Liability under paragraph 6.03.D of the General Conditions: a. Bodily Injury and Property Damage,

Combined Single Limit: $ 1,000,000

4. Umbrella or Excess Liability under paragraph 6.03.E of the General Conditions: The above employer's liability, general liability, and automobile liability limits may be provided either through basic policies, or in conjunction with an excess liability (umbrella form) policy.

5. Contractor's Pollution Liability: This insurance is not required under this Contract.

6. Additional Insureds under paragraph 6.03.G of the General Conditions are as follows. The insurance afforded the additional insureds under Contractor's liability policies shall provide primary coverage for all claims covered thereby on a non-contributory basis. a. Owner: Washburn County b. Engineer: Ayres Associates

7. Contractor's Professional Liability: This insurance is not required under this Contract.

7. PROPERTY INSURANCE

A. Delete paragraphs 6.05 through 6.07 of the General Conditions.

B. Contractor is not required to purchase and maintain property insurance for the Work during construction.

C. Contractor shall be responsible for any physical loss or damage to the Work until Substantial Completion. Contractor, at its option, may purchase insurance to cover its risk.

8. SUBCONTRACTORS AND SUPPLIERS

A. Amend paragraph 7.06 of the General Conditions as follows:

1. Contractor shall submit a list of subcontractors as indicated on the Bid Form. 2. In accordance with Wis. Adm. Code, ch. DWD 294, work on this project shall not be

subcontracted to a Contractor on the Wis. Dept. of Workforce Development list of debarred employers. No increase in the Contract Price or Contract Time shall be allowed due to rejection of a debarred employer.

3. In accordance with Wis. Stats., s. 779.14, Contractor agrees, to the extent practicable, to maintain a list of all subcontractors and suppliers performing labor or furnishing materials to Contractor for the project.

9. COORDINATION

A. Amend paragraph 8.02 of the General Conditions as follows: The Work shall be coordinated in accordance with Division 01 General Requirements.

10. UNIT PRICE WORK

A. Add the following to paragraph 13.03.D.1 of the General Conditions: "Materially and significantly" shall be defined in accordance with the provisions of Section 01 22 50.

11. PAYMENTS TO CONTRACTOR

A. Amend paragraph 15.01 of the General Conditions as follows:

1. Applications for Payment shall be submitted on the form provided by Engineer in which Contractor certifies that all previous progress payments received have been applied to

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discharge obligations incurred in connection with the Work, that title to all Work will pass to Owner at time of payment, and that all Work covered by the Application for Payment is in accordance with the Contract Documents and not defective.

2. Applications for Payment shall be submitted once per month by the date indicated by Engineer. Failure to submit an Application for Payment by the required date may result in delay of its review and approval by one month.

3. Retainage shall be accumulated at 5% of the value of the Work completed, and 5% of the value of materials and equipment delivered and suitably stored, until 50% completion. At 50% completion, no additional amounts shall be retained unless Engineer certifies that the Work is not proceeding satisfactorily, but amounts previously retained shall not be paid to Contractor. At 50% completion or any time thereafter when the progress of the Work is not satisfactory, additional amounts may be retained but in no event shall total retainage be more than 10% of the value of the Work completed and material and equipment delivered and suitably stored.

4. Upon Substantial Completion, payments shall be increased to 98% of the Contract Price (i.e. retainage will be reduced to 2% of the Contract Price), less an allowance for incomplete Work and other amounts that may be withheld in accordance with the General Conditions.

B. In the first sentence of paragraph 15.01.B.1 of the General Conditions, change "20 days" to "30 days."

C. Delete paragraph 15.01.D.1 of the General Conditions and insert the following language in its place.

1. Twenty days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor.

12. PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS

A. Add the following to paragraph 15.01.E of the General Conditions:

4. In the event Owner receives notice from any person, subcontractor, supplier, or other third party, that Contractor has failed to pay such party for Work performed in accordance with the Contract Documents, Contractor shall, at request of Owner, and in no more than 10 calendar days, provide all documentation Owner believes necessary to determine whether such payment is due, or reasons for non-payment of disputed amounts. In the event Owner determines a claim to be valid, Owner may withhold from Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay such claim until satisfactory documentation is furnished that the liability has been fully discharged or reasons for non-payment of disputed amounts are provided by Contractor. In the event a claim is valid and payment is due, or in the absence of the requested documentation, Owner may authorize direct or two-party payment of any unpaid bills. In no event shall this provision be construed to impose any obligations upon Owner or Engineer to either Contractor or Contractor's surety (if any).

13. DISPUTE RESOLUTION

A. Dispute resolution methods and procedures shall be as set forth in Article 17 of the General Conditions.

14. NONRESIDENT CONTRACTORS

A. The State of Wisconsin requires nonresident persons, whether incorporated or not, engaging in construction contracting in the State as a contractor or subcontractor to file a surety bond with the Wis. Dept. of Revenue or (if approved) a cash deposit with the Wis. Dept. of Administration to guarantee the payment of certain taxes. The bond or deposit is required where the amount of the contract or subcontract (or the aggregate amount of two or more contracts or subcontracts in one year) is $50,000 or more. The bond or deposit must be filed within 60 days after construction is begun. Refer to Wis. Stats., s. 71.80(16), for complete requirements.

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B. Nonresident contractors and subcontractors are responsible for making their own arrangements to meet this requirement.

15. STATE WAGE AND LABOR STANDARDS

A. Work on this project is subject to Wis. Stats., s. 66.0903 and Wis. Adm. Code, ch. DWD 290. The prevailing wage rate determination and list of debarred contractors for this project is attached.

B. A clearly legible copy of the prevailing wage rate determination together with the provisions of Wis. Stats., s. 66.0903(10)(a) and (11)(a), shall be posted in at least one conspicuous and easily accessible place at the project site.

C. At completion of work, a prime contractor affidavit of compliance with the prevailing wage rate determination shall be filed in proper form and order by Contractor before Owner will authorize final payment.

D. Contractor shall retain the following records for at least 3 years after the last day on which Contractor and subcontractors complete work on project site:

1. An accurate record of the name, trade or occupation, hours worked, and actual wages paid for all of its employees who performed work on the project.

2. A properly completed agent or subcontractor affidavit of compliance with the prevailing wage rate determination from each of its agents or subcontractors that performed work on the project.

E. The State of Wisconsin or Owner may demand to examine copies of payrolls and other records and information relating to wages paid employees on the project. If the Wis. Dept. of Workforce Development (DWD) finds a contractor violating the prevailing wage rate law, DWD will assess liquidated damages of 100% of the wages owed to employees.

16. FUNDING REQUIREMENTS

A. This project is funded in part by monies from the Wisconsin Department of Natural Resources (WDNR) Municipal Dam Grant Program.

B. WDNR shall have the right to inspect the project site at all times during the work.

C. Contractor's records pertinent to this project shall be subject at all reasonable times to inspection, copying, and audit by WDNR for a period of 7 years from date of final payment of grant monies to Owner.

17. NON-DISCRIMINATION AND AFFIRMATIVE ACTION

A. In connection with the performance of work under this agreement, Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, disability, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, Contractor further agrees to take affirmative action to ensure equal employment opportunities. Contractor agrees to post in conspicuous places available, for employees and applicants for employment, notices to be provided by WDNR setting forth the provisions of the non-discrimination clause. Failure to comply with the conditions of this clause may result in the termination of this agreement or withholding of payment.

SPOONER LAKE DAM, WASHBURN COUNTY, SPOONER, WISCONSIN

PROJECT NO: 26-0743.00A

Contractors are responsible for correctly classifying their workers. Either call the Department ofWorkforce Development (DWD) with trade or classification questions or consult DWD’s Dictionary ofOccupational Classifications & Work Descriptions on the DWD website at:dwd.wisconsin.gov/er/prevailing_wage_rate/Dictionary/dictionary_main.htm.

Time and one-half must be paid for all hours worked:- over 10 hours per day on prevailing wage projects- over 40 hours per calendar week- Saturday and Sunday- on all of the following holidays: January 1; the last Monday in May; July 4;

the 1st Monday in September; the 4th Thursday in November; December25;

- The day before if January 1, July 4 or December 25 falls on a Saturday;- The day following if January 1, July 4 or December 25 falls on a Sunday.

Apply the time and one-half overtime calculation to whichever is higher between the Hourly Basic Ratelisted on this project determination or the employee's regular hourly rate of pay. Add any applicablePremium or DOT Premium to the Hourly Basic Rate before calculating overtime.

A DOT Premium (discussed below) may supersede this time and one-half requirement.

When a specific trade or occupation requires a future increase, you MUST add the full hourly increaseto the "TOTAL" on the effective date(s) indicated for the specific trade or occupation.

If indicated for a specific trade or occupation, the full amount of such pay MUST be added to the"HOURLY BASIC RATE OF PAY" indicated for such trade or occupation, whevenever such pay isapplicable.

This premium only applies to highway and bridge projects owned by the Wisconsin Department ofTransportation and to the project type heading "Airport Pavement or State Highway Construction." DONOT apply the premium calculation under any other project type on this determination.

Pay apprentices a percentage of the applicable journeyperson's hourly basic rate of pay and hourlyfringe benefit contributions specified in this determination. Obtain the appropriate percentage fromeach apprentice’s contract or indenture.

Subjourney wage rates may be available for some of the trades or occupations indicated below withthe exception of laborers, truck drivers and heavy equipment operators. Any employer interested inusing a subjourney classification on this project MUST complete Form ERD-10880 and request theapplicable wage rate from the Department of Workforce Development PRIOR to using the subjourneyworker on this project.

PREVAILING WAGE RATE DETERMINATIONIssued by the State of Wisconsin

Department of Workforce DevelopmentPursuant to s. 66.0903, Wis. Stats.

Issued On: 1/7/2015

DETERMINATION NUMBER: 201500011

EXPIRATION DATE: Prime Contracts MUST Be Awarded or Negotiated On Or Before12/31/2015. If NOT, You MUST Reapply.

PROJECT NAME:

PROJECT LOCATION: SPOONER TOWN, WASHBURN COUNTY, WI

CONTRACTING AGENCY: WASHBURN COUNTY

CLASSIFICATION:

OVERTIME:

FUTURE INCREASE:

PREMIUM PAY:

DOT PREMIUM:

APPRENTICES:

SUBJOURNEY:

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This document MUST BE POSTED by the CONTRACTING AGENCY in at least one conspicuous and easily accessible place onthe site of the project . A local governmental unit may post this document at the place normally used to post public notices ifthere is no common site on the project. This document MUST remain posted during the entire time any worker is employed onthe project and MUST be physically incorporated into the specifications and all contracts and subcontracts. If you have anyquestions, please write to the Equal Rights Division, Labor Standards Bureau, P.O. Box 8928, Madison, Wisconsin 53708 or call(608) 266-6861.

The following statutory provisions apply to local governmental unit projects of public works and are set forth belowpursuant to the requirements of s. 66.0903(8), Stats.

s. 66.0903 (1) (f) & s. 103.49 (1) (c) "PREVAILING HOURS OF LABOR" for any trade or occupation in any area means 10hours per day and 40 hours per week and may not include any hours worked on a Saturday or Sunday or on any of the followingholidays:

1. January 1.2. The last Monday in May.3. July 4.4. The first Monday in September.5. The 4th Thursday in November.6. December 25.7. The day before if January 1, July 4 or December 25 falls on a Saturday.8. The day following if January 1, July 4 or December 25 falls on a Sunday.

s. 66.0903 (10) RECORDS; INSPECTION; ENFORCEMENT.(a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project of public works that issubject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every personperforming the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons andthe actual wages paid for the hours worked.

s. 66.0903 (11) LIABILITY AND PENALTIES.(a) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determinedby the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess ofthe prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaidovertime compensation and in an additional amount as liquidated damages as provided under subd. 2., 3., whichever isapplicable.2. If the department determines upon inspection under sub. (10) (b) or (c) that a contractor, subcontractor, or contractor's orsubcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid lessthan 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shallorder the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtimecompensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtimecompensation as liquidated damages within a period specified by the department in the order.3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf ofthat employee and other employees similarly situated may commence an action to recover that liability in any court of competentjurisdiction. If the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay theprevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay forall hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay toany affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additionalamount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.5. No employee may be a party plaintiff to an action under subd. 3. unless the employee consents in writing to become a partyand the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to anyjudgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

Determination No. 201500011 Page 2 of 21

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Includes sheltered enclosures with walk-in access for the purpose of housing persons, employees, machinery,equipment or supplies and non-sheltered work such as canals, dams, dikes, reservoirs, storage tanks, etc. A shelteredenclosure need not be "habitable" in order to be considered a building. The installation of machinery and/or equipment,both above and below grade level, does not change a project's character as a building. On-site grading, utility work andlandscaping are included within this definition. Residential buildings of four (4) stories or less, agricultural buildings,parking lots and driveways are NOT included within this definition.

Fringe Benefits Must Be Paid On All Hours Worked

CODE TRADE OR OCCUPATION OF PAY BENEFITS TOTAL

Acoustic Ceiling Tile InstallerFuture Increase(s):

Add $1.42/hr on 6/1/2015; Add $1.42/hr on 6/1/2016.

BoilermakerFuture Increase(s):

Add $1.50/hr. on 01/01/2016

Bricklayer, Blocklayer or StonemasonFuture Increase(s):

Add $1.40 on 06/01/2015; Add $1.45 on 06/06/2016Premium Increase(s):

DOT PREMIUM: Pay two times the hourly basic rate onSunday, New Year’s Day, Memorial Day, IndependenceDay, Labor Day, Thanksgiving Day & Christmas Day.

Cabinet InstallerFuture Increase(s):

Add $1.42/hr on 6/1/2015; Add $1.42/hr on 6/1/2016.

CarpenterFuture Increase(s):

Add $1.42/hr on 6/1/2015; Add $1.42/hr on 6/1/2016.Premium Increase(s):

DOT PREMIUM: Pay two times the hourly basic rate onSunday, New Year's Day, Memorial Day, IndependenceDay, Labor Day, Thanksgiving Day & Christmas Day.

Carpet Layer or Soft Floor CovererFuture Increase(s):

Add $1.42/hr on 6/1/2015; Add $1.42/hr on 6/1/2016.

Cement FinisherFuture Increase(s):

Add $ .50/hr. on 6/1/2015; Add $ .50/hr. on 5/1/2016;

Drywall Taper or Finisher

ElectricianPremium Increase(s):


Elevator Constructor

Determination No. 201500011

BUILDING OR HEAVY CONSTRUCTION

SKILLED TRADES

HOURLY HOURLYBASIC RATE FRINGE

$ $ $

101 32.72 16.00 48.72

102 33.35 28.24 61.59

103 31.12 18.69 49.81

104 32.72 16.00 48.72

105 32.72 16.00 48.72

106 32.72 16.00 48.72

107 30.42 16.57 46.99

108 31.40 13.54 44.94

109 30.59 18.37 48.96

110 43.84 27.10 70.94

Page 3 of 21

Page 3 of 24



Fence Erector

Fire Sprinkler Fitter

Glazier

Heat or Frost Insulator

Insulator (Batt or Blown)Future Increase(s):

Add $1.42/hr on 6/1/2015; Add $1.42/hr on 6/1/2016.

IronworkerFuture Increase(s):

Add $1.65/hr on 5/1/2015.Premium Increase(s):


Lather

Line Constructor (Electrical)

Marble Finisher

Marble Mason

Metal Building Erector

Millwright

Overhead Door Installer

Painter

Pavement Marking Operator

PiledriverFuture Increase(s):


Add $.65/hr for Piledriver Loftsman; Add $.75/hr forSheet Piling Loftsman. DOT PREMIUM: Pay two timesthe hourly basic rate on Sunday, New Year's Day,Memorial Day, Independence Day, Labor Day,Thanksgiving Day & Christmas Day.

Pipeline Fuser or Welder (Gas or Utility)

PlastererFuture Increase(s):

Add $1.40 on 06/01/2015; Add $1.45 on 06/06/2016

PlumberFuture Increase(s):

Add $1.50 on 5/4/15; Add $1.50 on 5/2/16



$ $ $

111 23.73 19.09 42.82

112 36.79 19.70 56.49

113 27.24 15.57 42.81

114 15.50 3.69 19.19

115 32.72 16.00 48.72

116 30.04 22.85 52.89

117 31.40 15.90 47.30

118 39.50 17.73 57.23

119 19.14 0.00 19.14

120 30.42 18.04 48.46

121 25.50 1.57 27.07

122 33.07 16.03 49.10

123 27.46 1.98 29.44

124 28.71 15.02 43.73

125 30.10 17.27 47.37

126 30.11 26.51 56.62

127 31.88 20.89 52.77

129 31.55 18.26 49.81

130 37.27 17.53 54.80

Page 4 of 21

Page 4 of 24



Refrigeration Mechanic

Roofer or Waterproofer

Sheet Metal Worker

SteamfitterFuture Increase(s):

Add $1.50 on 5/4/15; Add $1.50 on 5/2/16

Teledata Technician or InstallerPremium Increase(s):


Temperature Control Installer

Terrazzo Finisher

Terrazzo Mechanic

Tile Finisher

Tile SetterFuture Increase(s):

Add $1.40/hr on 6/01/2015; Add $1.45/hr on 6/06/2016.

Tuckpointer, Caulker or CleanerFuture Increase(s):

Add $1.35on 06/01/2015; Add $1.45 on 06/01/2016Premium Increase(s):


Underwater Diver (Except on Great Lakes)

Well Driller or Pump Installer

Siding Installer

Heavy Equipment Operator - ELECTRICAL LINE CONSTRUCTIONONLY

Light Equipment Operator -ELECTRICAL LINE CONSTRUCTION ONLY

Heavy Truck Driver - ELECTRICAL LINE CONSTRUCTION ONLY

Light Truck Driver - ELECTRICAL LINE CONSTRUCTION ONLY

Groundman - ELECTRICAL LINE CONSTRUCTION ONLY



$ $ $

132 35.71 21.89 57.60

133 31.15 12.41 43.56

134 22.20 3.19 25.39

135 37.27 17.53 54.80

137 22.50 12.74 35.24

138 39.76 15.03 54.79

139 19.14 0.00 19.14

140 31.18 17.35 48.53

141 24.68 17.83 42.51

142 31.12 18.69 49.81

143 34.28 18.48 52.76

144 35.40 15.90 51.30

146 25.32 15.65 40.97

147 36.17 19.44 55.61

150 30.16 15.11 45.27

151 52.00 27.14 79.14

152 27.65 14.49 42.14

153 27.83 15.01 42.84

154 21.90 9.83 31.73

Page 5 of 21

Page 5 of 24



Single Axle or Two AxleFuture Increase(s):



Three or More Axle

Articulated, Euclid, Dumptor, Off Road Material Hauler

Pavement Marking Vehicle

Truck Mechanic



General LaborerFuture Increase(s):

Add $1.35/hr eff. 06/01/2015; Add $1.25/hr eff.06/06/2016

Premium Increase(s):Add $1/hr for certified welder; Add $.70/hr for masontender.

Asbestos Abatement Worker

Landscaper

Gas or Utility Pipeline Laborer (Other Than Sewer and Water)

Fiber Optic Laborer (Outside, Other Than Concrete Encased)Premium Increase(s):

DOT PREMIUMS: Pay two times the hourly basic rateon New Year's Day, Memorial Day, Independence Day,Labor Day, Thanksgiving Day & Christmas Day.

Railroad Track Laborer

Final Construction Clean-Up Worker


TRUCK DRIVERS


$ $ $

201 25.18 18.31 43.49

203 17.00 5.86 22.86

204 32.89 7.43 40.32

205 20.85 11.02 31.87

207 17.00 5.86 22.86

LABORERS


$ $ $

301 23.37 15.12 38.49

302 24.68 14.87 39.55

303 18.50 4.90 23.40

310 19.78 16.12 35.90

311 18.82 14.16 32.98

314 15.00 4.97 19.97

315 19.50 0.07 19.57

Page 6 of 21

Page 6 of 24



Air Track, Rotary or Percussion Drilling Machine &/or Hammers, Blaster;Asphalt Milling Machine; Boring Machine (Directional, Horizontal orVertical); Backhoe (Track Type) Having a Mfgr's Rated Capacity of130,000 Lbs. or Over; Backhoe (Track Type) Having a Mfgr's RatedCapacity of Under 130,000 Lbs., Backhoe (Mini, 15,000 Lbs. & Under);Bulldozer or Endloader (Over 40 hp); Compactor (Self-Propelled 85 FtTotal Drum Width & Over, or Tractor Mounted, Towed & Light Equipment);Concrete Batch Plant, Batch Hopper; Concrete Breaker (Large, Auto,Vibratory/Sonic, Manual or Remote); Crane, Shovel, Dragline, Clamshells;Forklift (Machinery Moving or Steel Erection, 25 Ft & Over); Gradall(Cruz-Aire Type); Grader or Motor Patrol; Master Mechanic; Mechanic orWelder; Robotic Tool Carrier (With or Without Attachments); Scraper (SelfPropelled or Tractor Drawn) 5 cu yds or More Capacity; Tractor or TruckMounted Hydraulic Backhoe; Tractor or Truck Mounted Hydraulic Crane(10 Tons or Under); Tractor (Scraper, Dozer, Pusher, Loader); Trencher(Wheel Type or Chain Type Having Over 8 Inch Bucket).

Future Increase(s):Add $1.60/hr on 6/2/2015; Add $1.60/hr on 6/3/2016.

Premium Increase(s):Add $.25/hr for all >45 Ton lifting capacity cranes.

Backfiller; Broom or Sweeper; Bulldozer or Endloader (Under 40 hp);Environmental Burner; Forestry Equipment, Timbco, Tree Shear, TubGrinder, Processor; Jeep Digger; Screed (Milling Machine); Skid Rig;Straddle Carrier or Travel Lift; Stump Chipper; Trencher (Wheel Type orChain Type Having 8 Inch Bucket & Under).

Air Compressor (&/or 400 CFM or Over); Augers (Vertical & Horizontal);Compactor (Self-Propelled 84 Ft Total Drum Width & Under, or TractorMounted, Towed & Light Equipment); Crusher, Screening or Wash Plant;Farm or Industrial Type Tractor; Forklift; Generator (&/or 150 KW or Over);Greaser; High Pressure Utility Locating Machine (Daylighting Machine);Mulcher; Oiler; Post Hole Digger or Driver; Pump (3 Inch or Over) or WellPoints; Refrigeration Plant or Freeze Machine; Rock, Stone Breaker; SkidSteer Loader (With or Without Attachments); Vibratory Hammer orExtractor, Power Pack.

Work Performed on the Great Lakes Including Diver; Wet Tender orHydraulic Dredge Engineer.

Work Performed on the Great Lakes Including Crane or BackhoeOperator; Assistant Hydraulic Dredge Engineer; Hydraulic DredgeLeverman or Diver's Tender; Mechanic or Welder; 70 Ton & Over TugOperator.

Premium Increase(s):Add $.50/hr for Friction Crane, Lattice Boom or CraneCertification (CCO).


HEAVY EQUIPMENT OPERATORS SITE PREPARATION, UTILITY OR LANDSCAPING WORK ONLY


$ $ $

501 35.42 19.78 55.20

502 32.89 12.82 45.71

503 17.00 2.36 19.36

504 41.65 21.71 63.36

505 41.65 21.71 63.36

Page 7 of 21

Page 7 of 24



Work Performed on the Great Lakes Including Deck Equipment Operatoror Machineryman (Maintains Cranes Over 50 Tons or Backhoes 115,000Lbs. or More); Tug, Launch or Loader, Dozer or Like Equipment WhenOperated on a Barge, Breakwater Wall, Slip, Dock or Scow, DeckMachinery.

Work Performed on the Great Lakes Including Deck Equipment Operator,Machineryman or Fireman (Operates 4 Units or More or Maintains Cranes50 Tons or Under or Backhoes 115,000 Lbs. or Under); Deck Hand, DeckEngineer or Assistant Tug Operator; Off Road Trucks - Great LakesONLY.



Boring Machine (Directional); Crane, Tower Crane, Pedestal Tower orDerrick, With or Without Attachments, With a Lifting Capacity of Over 100Tons, Self-Erecting Tower Crane With a Lifting Capacity of Over 4,000Lbs., Crane With Boom Dollies; Crane, Tower Crane, Pedestal Tower orDerrick, With Boom, Leads &/or Jib Lengths Measuring 176 Ft or Over;Master Mechanic.


Premium Increase(s):Add $.50/hr for >200 Ton; Add $1/hr at 300 Ton; Add$1.50/hr at 400 Ton; Add $2/hr at 500 Ton & Over.

Backhoe (Track Type) Having a Mfgr's Rated Capacity of 130,000 Lbs. orOver; Boring Machine (Horizontal or Vertical); Caisson Rig; Crane, TowerCrane, Portable Tower, Pedestal Tower or Derrick, With or WithoutAttachments, With a Lifting Capacity of 100 Tons or Under, Self-ErectingTower Crane With A Lifting Capacity Of 4,000 Lbs. & Under; Crane, TowerCrane, Portable Tower, Pedestal Tower or Derrick, With Boom, Leads&/or Jib Lengths Measuring 175 Ft or Under; Pile Driver; Versi Lifts,Tri-Lifts & Gantrys (20,000 Lbs. & Over).


Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of Under 130,000Lbs., Backhoe (Mini, 15,000 Lbs. & Under); Concrete Bump Cutter,Grinder, Planing or Grooving Machine; Concrete Laser/Screed; ConcretePaver (Slipform); Concrete Pump (Over 46 Meter), Concrete Conveyor(Rotec or Bidwell Type); Concrete Slipform Placer Curb & Gutter Machine;Concrete Spreader & Distributor; Dredge (NOT Performing Work on theGreat Lakes); Forklift (Machinery Moving or Steel Erection, 25 Ft & Over);Gradall (Cruz-Aire Type); Hydro-Blaster (10,000 PSI or Over); MillingMachine; Skid Rig; Traveling Crane (Bridge Type).




$ $ $

506 35.72 17.85 53.57

507 35.46 20.40 55.86

HEAVY EQUIPMENT OPERATORS EXCLUDING SITE PREPARATION, UTILITY, PAVING LANDSCAPING WORK


$ $ $

508 36.67 19.78 56.45

509 33.69 19.78 53.47

510 34.22 19.78 54.00

Page 8 of 21

Page 8 of 24



Air, Track, Rotary or Percussion Drilling Machine &/or Hammers, Blaster;Bulldozer or Endloader (Over 40 hp); Compactor (Self-Propelled 85 FtTotal Drum Width & Over, or Tractor Mounted, Towed & Light Equipment);Concrete Pump (46 Meter & Under), Concrete Conveyor (Rotec or BidwellType); Crane (Carry Deck, Mini) or Truck Mounted Hydraulic Crane (10Tons or Under); Environmental Burner; Gantrys (Under 20,000 Lbs.);Grader or Motor Patrol; High Pressure Utility Locating Machine(Daylighting Machine); Manhoist; Material or Stack Hoist; Mechanic orWelder; Railroad Track Rail Leveling Machine, Tie Placer, Extractor,Tamper, Stone Leveler or Rehabilitation Equipment; Roller (Over 5 Ton);Scraper (Self Propelled or Tractor Drawn) 5 cu yd or More Capacity;Screed (Milling Machine); Sideboom; Straddle Carrier or Travel Lift; Tiningor Curing Machine; Tractor (Scraper, Dozer, Pusher, Loader); Tractor orTruck Mounted Hydraulic Backhoe; Tractor or Truck Mounted HydraulicCrane (10 Tons or Under); Trencher (Wheel Type or Chain Type HavingOver 8-Inch Bucket).


Backfiller; Broom or Sweeper; Bulldozer or Endloader (Under 40 hp);Compactor (Self-Propelled 84 Ft Total Drum Width & Under, or TractorMounted, Towed & Light Equipment); Concrete Batch Plant, BatchHopper; Concrete Breaker (Large, Auto, Vibratory/Sonic, Manual orRemote); Concrete Conveyor System; Concrete Finishing Machine (RoadType); Fireman (Pile Driver & Derrick NOT Performing Work on the GreatLakes); Grout Pump; Hoist (Tugger, Automatic); Industrial Locomotives;Jeep Digger; Lift Slab Machine; Mulcher; Roller (Rubber Tire, 5 Ton orUnder); Screw or Gypsum Pumps; Stabilizing or Concrete Mixer(Self-Propelled or 14S or Over); Stump Chipper; Trencher (Wheel Type orChain Type Having 8-Inch Bucket & Under); Winches & A-Frames.


Air Compressor (&/or 400 CFM or Over); Air, Electric or Hydraulic JackingSystem; Augers (Vertical & Horizontal); Boatmen (NOT Performing Workon the Great Lakes); Boiler (Temporary Heat); Crusher, Screening orWash Plant; Elevator; Farm or Industrial Type Tractor; Fireman (AsphaltPlant NOT Performing Work on the Great Lakes); Forklift; Generator (&/or150 KW or Over); Greaser; Heaters (Mechanical); Loading Machine(Conveyor); Oiler; Post Hole Digger or Driver; Prestress Machine; Pump(3 Inch or Over) or Well Points; Refrigeration Plant or Freeze Machine;Robotic Tool Carrier (With or Without Attachments); Rock, Stone Breaker;Skid Steer Loader (With or Without Attachments); Vibratory Hammer orExtractor, Power Pack.


Gas or Utility Pipeline, Except Sewer & Water (Primary Equipment).Future Increase(s):

Add $1/hr on 6/1/2015; Add $1/hr on 5/30/2016.

Gas or Utility Pipeline, Except Sewer & Water (Secondary Equipment).Future Increase(s):

Add $1.65/hr on 6/1/2015.

Fiber Optic Cable Equipment



$ $ $

511 33.69 19.78 53.47

512 31.62 19.78 51.40

513 30.99 19.78 50.77

514 36.34 22.14 58.48

515 32.73 19.35 52.08

516 28.89 17.95 46.84

Page 9 of 21

Page 9 of 24

Determination No. 201500011 Page 10 of 21

Page 10 of 24

Includes those projects that primarily involve public sewer or water distribution, transmission or collection systems andrelated tunnel work (excluding buildings).



Bricklayer, Blocklayer or Stonemason




Cement FinisherFuture Increase(s):

Add $1.87 on 6/1/15; Add $1.75 on 6/1/16.Premium Increase(s):

DOT PREMIUMS: 1) Pay two times the hourly basicrate on Sunday, New Year's Day, Memorial Day,Independence Day, Labor Day, Thanksgiving Day &Christmas Day. 2) Add $1.40/hr when the WisconsinDepartment of Transportation or responsible governingagency requires that work be performed at night underartificial illumination with traffic control and the work iscompleted after sunset and before sunrise.

Electrician

Fence Erector

Ironworker



Piledriver

Plumber

Steamfitter

Teledata Technician or Installer

Tuckpointer, Caulker or Cleaner


Well Driller or Pump Installer



SEWER, WATER OR TUNNEL CONSTRUCTION

SKILLED TRADES


$ $ $

103 30.42 18.04 48.46

105 34.13 20.61 54.74

107 35.18 16.78 51.96

109 47.76 0.00 47.76

111 23.73 19.09 42.82

116 31.50 20.01 51.51

118 39.50 17.73 57.23

125 30.10 17.27 47.37

126 29.56 25.71 55.27

130 21.50 0.00 21.50

135 36.27 16.98 53.25

137 22.25 12.24 34.49

143 33.76 17.82 51.58

144 35.40 15.90 51.30

146 25.32 15.65 40.97

150 35.55 15.57 51.12

Page 11 of 21

Page 11 of 24












Three or More Axle

Articulated, Euclid, Dumptor, Off Road Material Hauler


Truck Mechanic



General LaborerFuture Increase(s):

Add $1.35/hr eff. 06/01/2015; Add $1.25/hr eff.06/06/2016

Premium Increase(s):Add $.20 for blaster, bracer, manhole builder, caulker,bottomman and power tool; Add $.55 for pipelayer; Add$1.00 for 0-15 lbs. compressed air; Add $2.00 for 15-30lbs. compressed air; Add $3.00 for over 30 lbs.compressed air.

Landscaper

Flagperson or Traffic Control Person

Fiber Optic Laborer (Outside, Other Than Concrete Encased)




$ $ $

151 31.60 15.19 46.79

152 27.65 13.44 41.09

153 25.68 13.28 38.96

154 21.75 12.97 34.72

TRUCK DRIVERS


$ $ $

201 25.18 18.31 43.49

203 19.50 5.17 24.67

204 32.89 18.96 51.85

205 20.85 11.02 31.87

207 19.50 5.17 24.67

LABORERS


$ $ $

301 25.99 15.13 41.12

303 39.43 0.00 39.43

304 31.95 0.00 31.95

311 18.33 13.65 31.98

314 15.00 4.97 19.97

Page 12 of 21

Page 12 of 24



Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of 130,000 Lbs. orOver; Caisson Rig; Crane, Tower Crane, Pedestal Tower or Derrick, WithBoom, Leads &/or Jib Lengths Measuring 176 Ft or Over; Crane, TowerCrane, Pedestal Tower or Derrick, With or Without Attachments, With aLifting Capacity of Over 100 Tons, Self-Erecting Tower Crane With aLifting Capacity Of Over 4,000 Lbs., Crane With Boom Dollies; MasterMechanic; Pile Driver.

Future Increase(s):Add $1.55/hr on 6/1/2015.

Premium Increase(s):Add $.25/hr for operating tower crane.

Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of Under 130,000Lbs., Backhoe (Mini, 15,000 Lbs. & Under); Boring Machine (Directional);Concrete Bump Cutter, Grinder, Planing or Grooving Machine; ConcreteLaser/Screed; Concrete Paver (Slipform); Concrete Pump (Over 46Meter), Concrete Conveyor (Rotec or Bidwell Type); Concrete Spreader &Distributor; Crane, Tower Crane, Portable Tower, Pedestal Tower orDerrick, With Boom, Leads &/or Jib Lengths Measuring 175 Ft or Under;Crane, Tower Crane, Portable Tower, Pedestal Tower or Derrick, With orWithout Attachments, With a Lifting Capacity of 100 Tons or Under,Self-Erecting Tower Crane With a Lifting Capacity of 4,000 Lbs. & Under;Dredge (NOT Performing Work on the Great Lakes); Milling Machine; SkidRig; Telehandler; Traveling Crane (Bridge Type).


Air Track, Rotary or Percussion Drilling Machine &/or Hammers, Blaster;Boring Machine (Horizontal or Vertical); Bulldozer or Endloader (Over 40hp); Crane (Carry Deck, Mini) or Truck Mounted Hydraulic Crane (10 Tonsor Under); Concrete Pump (46 Meter & Under), Concrete Conveyor (Rotecor Bidwell Type); Concrete Slipform Placer Curb & Gutter Machine;Gradall (Cruz-Aire Type); Grader or Motor Patrol; Hydro-Blaster (10,000PSI or Over); Manhoist; Material or Stack Hoist; Mechanic or Welder;Roller (Over 5 Ton); Scraper (Self Propelled or Tractor Drawn) 5 cu yd orMore Capacity; Screed (Milling Machine); Sideboom; Straddle Carrier orTravel Lift; Tractor (Scraper, Dozer, Pusher, Loader); Tractor or TruckMounted Hydraulic Backhoe; Tractor or Truck Mounted Hydraulic Crane(10 Tons or Under); Trencher (Wheel Type or Chain Type Having Over8-Inch Bucket).



HEAVY EQUIPMENT OPERATORS SEWER, WATER OR TUNNEL WORK


$ $ $

521 37.24 20.10 57.34

522 34.22 19.78 54.00

523 33.69 19.78 53.47

Page 13 of 21

Page 13 of 24



Backfiller; Broom or Sweeper; Bulldozer or Endloader (Under 40 hp);Compactor (Self-Propelled 85 Ft Total Drum Width & Over, or TractorMounted, Towed & Light Equipment); Concrete Batch Plant, BatchHopper; Concrete Breaker (Large, Auto, Vibratory/Sonic, Manual orRemote); Concrete Conveyor System; Concrete Finishing Machine (RoadType); Environmental Burner; Fireman (Pile Driver & Derrick NOTPerforming Work on the Great Lakes); Forestry Equipment, Timbco, TreeShear, Tub Grinder, Processor; Hoist (Tugger, Automatic); Grout Pump;Jeep Digger; Lift Slab Machine; Mulcher; Power Subgrader; Pump (3 Inchor Over) or Well Points; Robotic Tool Carrier (With or WithoutAttachments); Roller (Rubber Tire, 5 Ton or Under); Screw or GypsumPumps; Stabilizing or Concrete Mixer (Self-Propelled or 14S or Over);Stump Chipper; Tining or Curing Machine; Trencher (Wheel Type or ChainType Having 8-Inch Bucket & Under); Winches & A-Frames.

Air Compressor (&/or 400 CFM or Over); Air, Electric or Hydraulic JackingSystem; Augers (Vertical & Horizontal); Compactor (Self-Propelled 84 FtTotal Drum Width & Under, or Tractor Mounted, Towed & LightEquipment); Crusher, Screening or Wash Plant; Farm or Industrial TypeTractor; Fireman (Asphalt Plant NOT Performing Work on the GreatLakes); Generator (&/or 150 KW or Over); Heaters (Mechanical); HighPressure Utility Locating Machine (Daylighting Machine); Loading Machine(Conveyor); Post Hole Digger or Driver; Refrigeration Plant or FreezeMachine; Rock, Stone Breaker; Skid Steer Loader (With or WithoutAttachments); Vibratory Hammer or Extractor, Power Pack.

Boiler (Temporary Heat); Forklift; Greaser; Oiler.


Work Performed on the Great Lakes Including 70 Ton & Over TugOperator; Assistant Hydraulic Dredge Engineer; Crane or BackhoeOperator; Hydraulic Dredge Leverman or Diver's Tender; Mechanic orWelder.

Work Performed on the Great Lakes Including Deck Equipment Operatoror Machineryman (Maintains Cranes Over 50 Tons or Backhoes 115,000Lbs. or More); Tug, Launch or Loader, Dozer or Like Equipment WhenOperated on a Barge, Breakwater Wall, Slip, Dock or Scow, DeckMachinery.

Work Performed on the Great Lakes Including Deck Equipment Operator;Machineryman or Fireman (Operates 4 Units or More or Maintains Cranes50 Tons or Under or Backhoes 115,000 Lbs. or Under), Deck Hand, DeckEngineer or Assistant Tug Operator; Off Road Trucks - Great LakesONLY.



$ $ $

524 30.82 18.96 49.78

525 50.50 0.42 50.92

526 30.19 18.96 49.15

527 41.65 21.71 63.36

528 41.65 21.71 63.36

529 35.72 17.85 53.57

530 35.46 20.40 55.86

Page 14 of 21

Page 14 of 24

Includes roads, streets, alleys, trails, bridges, paths, racetracks, parking lots and driveways (except residential oragricultural), public sidewalks or other similar projects (excluding projects awarded by the Wisconsin Department ofTransportation).



Bricklayer, Blocklayer or Stonemason




Cement Finisher

Electrician

Fence Erector

Ironworker


Painter


Piledriver

Roofer or Waterproofer

Teledata Technician or Installer

Tuckpointer, Caulker or Cleaner








LOCAL STREET OR MISCELLANEOUS PAVING CONSTRUCTION

SKILLED TRADES


$ $ $

103 30.42 18.04 48.46

105 32.72 16.00 48.72

107 26.00 18.60 44.60

109 32.04 23.14 55.18

111 23.73 19.09 42.82

116 29.34 22.05 51.39

118 39.50 17.73 57.23

124 28.71 15.02 43.73

125 30.10 17.27 47.37

126 29.56 25.71 55.27

133 31.15 12.41 43.56

137 22.25 12.24 34.49

143 33.76 17.82 51.58

144 35.40 15.90 51.30

150 35.55 15.57 51.12

151 31.60 15.19 46.79

152 27.65 13.44 41.09

153 25.68 13.28 38.96

154 21.75 12.97 34.72

Page 15 of 21

Page 15 of 24






Three or More Axle

Articulated, Euclid, Dumptor, Off Road Material HaulerFuture Increase(s):

Add $1.60/hr on 6/2/2015; Add $1.60/hr on 6/3/2016.


Shadow or Pilot Vehicle

Truck Mechanic



General Laborer

LandscaperFuture Increase(s):

Add $1.05/hr eff. 06/01/2015; Add $1.00/hr eff.06/01/2016; Add $1.00/hr eff. 06/01/2017

Premium Increase(s):DOT PREMIUMS: 1) Pay two times the hourly basicrate on Sunday, New Year's Day, Memorial Day,Independence Day, Labor Day, Thanksgiving Day &Christmas Day. 2) Add $1.25/hr for work on projectsinvolving temporary traffic control setup, for lane andshoulder closures, when work under artificial illuminationconditions is necessary as required by the projectprovisions (including prep time prior to and/or cleanupafter such time period).

Flagperson or Traffic Control Person

Fiber Optic Laborer (Outside, Other Than Concrete Encased)



TRUCK DRIVERS


$ $ $

201 25.18 18.31 43.49

203 15.50 0.00 15.50

204 33.69 19.78 53.47

205 20.85 11.02 31.87

206 24.37 17.77 42.14

207 15.50 0.00 15.50

LABORERS


$ $ $

301 18.51 10.20 28.71

303 30.13 15.14 45.27

304 18.51 10.20 28.71

311 18.33 13.65 31.98

314 15.00 4.97 19.97

Page 16 of 21

Page 16 of 24



Crane, Tower Crane, Pedestal Tower or Derrick, With or WithoutAttachments, With a Lifting Capacity of Over 100 Tons, Self-ErectingTower Crane With a Lifting Capacity Of Over 4,000 Lbs., Crane WithBoom Dollies; Crane, Tower Crane, Pedestal Tower or Derrick, WithBoom, Leads &/or Jib Lengths Measuring 176 Ft or Over; MasterMechanic.

Future Increase(s):Add $1.25/hr on 6/1/2015; Add $1.30/hr on 6/1/2016;Add $1.25/hr on 6/1/2017.

Premium Increase(s):DOT PREMIUMS: 1) Pay two times the hourly basicrate on Sunday, New Year's Day, Memorial Day,Independence Day, Labor Day, Thanksgiving Day &Christmas Day. 2) Add $1.50/hr night work premium.See DOT'S website for details about the applicability ofthis night work premium at: http://www.dot.wi.gov/business/civilrights/laborwages/pwc.htm.

Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of 130,000 Lbs. orOver; Caisson Rig; Crane, Tower Crane, Portable Tower, Pedestal Toweror Derrick, With or Without Attachments, With a Lifting Capacity of 100Tons or Under, Self-Erecting Tower Crane With a Lifting Capacity of 4,000Lbs. & Under; Crane, Tower Crane Portable Tower, Pedestal Tower orDerrick, With Boom, Leads &/or Jib Lengths Measuring 175 Ft or Under;Dredge (NOT Performing Work on the Great Lakes); Licensed Boat Pilot(NOT Performing Work on the Great Lakes); Pile Driver.




HEAVY EQUIPMENT OPERATORS CONCRETE PAVEMENT OR BRIDGE WORK


$ $ $

541 37.72 21.15 58.87

542 37.22 21.15 58.37

Page 17 of 21

Page 17 of 24



Air Track, Rotary or Percussion Drilling Machine &/or Hammers, Blaster;Automatic Subgrader (Concrete); Backhoe (Track Type) Having a Mfgr.'sRated Capacity of Under 130,000 Lbs., Backhoe (Mini, 15,000 Lbs. &Under); Boring Machine (Directional, Horizontal or Vertical); Bridge(Bidwell) Paver; Bulldozer or Endloader; Concrete Batch Plant, BatchHopper; Concrete Breaker (Large, Auto, Vibratory/Sonic, Manual orRemote); Concrete Bump Cutter, Grinder, Planing or Grooving Machine;Concrete Conveyor System; Concrete Laser/Screed; Concrete Paver(Slipform); Concrete Pump, Concrete Conveyor (Rotec or Bidwell Type);Concrete Slipform Placer Curb & Gutter Machine; Concrete Spreader &Distributor; Crane (Carry Deck, Mini) or Truck Mounted Hydraulic Crane(10 Tons or Under); Crane With a Lifting Capacity of 25 Tons or Under;Forestry Equipment, Timbco, Tree Shear, Tub Grinder, Processor; Gradall(Cruz-Aire Type); Grader or Motor Patrol; Grout Pump; Hydro-Blaster(10,000 PSI or Over); Loading Machine (Conveyor); Manhoist; Material orStack Hoist; Mechanic or Welder; Milling Machine; Post Hole Digger orDriver; Scraper (Self Propelled or Tractor Drawn) 5 cu yds or MoreCapacity; Shoulder Widener; Sideboom; Skid Rig; Stabilizing or ConcreteMixer (Self-Propelled or 14S or Over); Straddle Carrier or Travel Lift;Tractor (Scraper, Dozer, Pusher, Loader); Tractor or Truck MountedHydraulic Backhoe; Trencher (Wheel Type or Chain Type); Tube Finisher;Tugger (NOT Performing Work on the Great Lakes); Winches &A-Frames.

Backfiller; Belting, Burlap, Texturing Machine; Broom or Sweeper;Compactor (Self-Propelled or Tractor Mounted, Towed & LightEquipment); Concrete Finishing Machine (Road Type); EnvironmentalBurner; Farm or Industrial Type Tractor; Fireman (Pile Driver & DerrickNOT Performing Work on the Great Lakes); Forklift; Greaser; Jeep Digger;Joint Sawer (Multiple Blade); Launch (NOT Performing Work on the GreatLakes); Lift Slab Machine; Mechanical Float; Mulcher; Power Subgrader;Robotic Tool Carrier (WIth or Without Attachments); Self Propelled ChipSpreader; Shouldering Machine; Skid Steer Loader (With or WithoutAttachments); Telehandler; Tining or Curing Machine.



Air Compressor (&/or 400 CFM or Over); Air, Electric or Hydraulic JackingSystem; Automatic Belt Conveyor & Surge Bin; Boiler (Temporary Heat);Concrete Proportioning Plant; Crusher, Screening or Wash Plant;Generator (&/or 150 KW or Over); Heaters (Mechanical); High PressureUtility Locating Machine (Daylighting Machine); Mudjack; Oiler; PrestressMachine; Pug Mill; Pump (3 Inch or Over) or Well Points; Rock, StoneBreaker; Screed (Milling Machine); Stump Chipper; Tank Car Heaters;Vibratory Hammer or Extractor, Power Pack.

Fiber Optic Cable Equipment.



$ $ $

543 35.72 17.85 53.57

544 36.46 21.15 57.61

545 35.17 20.40 55.57

546 28.89 17.95 46.84

Page 18 of 21

Page 18 of 24




Work Performed on the Great Lakes Including 70 Ton & Over TugOperator; Assistant Hydraulic Dredge Engineer; Crane or BackhoeOperator; Hydraulic Dredge Leverman or Diver's Tender; Mechanic orWelder.

Work Performed on the Great Lakes Including Deck Equipment Operatoror Machineryman (Maintains Cranes Over 50 Tons or Backhoes 115,000Lbs. or more); Tug, Launch or Loader, Dozer or Like Equipment WhenOperated on a Barge, Breakwater Wall, Slip, Dock or Scow, DeckMachinery.

Work Performed on the Great Lakes Including Deck Equipment Operator;Machineryman or Fireman (Operates 4 Units or More or Maintains Cranes50 Tons or Under or Backhoes 115,000 Lbs. or Under); Deck Hand, DeckEngineer or Assistant Tug Operator; Off Road Trucks - Great LakesONLY.



Crane, Tower Crane, Pedestal Tower or Derrick, With or WithoutAttachments, With a Lifting Capacity of Over 100 Tons, Self ErectingTower Crane With a Lifting Capacity of Over 4,000 Lbs., Crane With BoomDollies; Crane, Tower Crane, Pedestal Tower or Derrick, With Boom,Leads and/or Jib Lengths Measuring 176 Ft or Over; Master Mechanic.

Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of 130,000 Lbs. orOver; Caisson Rig; Crane, Tower Crane, Portable Tower, Pedestal Toweror Derrick, With or Without Attachments, With a Lifting Capacity of 100Tons or Under, Self-Erecting Tower Crane With a Lifting Capacity Of4,000 Lbs. & Under; Crane, Tower Crane, Portable Tower, PedestalTower or Derrick, With Boom, Leads &/or Jib Lengths Measuring 175 Ft orUnder; Dredge (NOT Performing Work on the Great Lakes); LicensedBoat Pilot (NOT Performing Work on the Great Lakes); Pile Driver.





$ $ $

547 41.65 21.71 63.36

548 41.65 21.71 63.36

549 35.72 17.85 53.57

550 35.46 20.40 55.86

HEAVY EQUIPMENT OPERATORS ASPHALT PAVEMENT OR OTHER WORK


$ $ $

551 36.72 20.40 57.12

552 37.22 21.15 58.37

Page 19 of 21

Page 19 of 24



Air, Track, Rotary or Percussion Drilling Machine &/or Hammers, Blaster;Asphalt Heater, Planer & Scarifier; Asphalt Milling Machine; AsphaltScreed; Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of Under130,000 Lbs., Backhoe (Mini, 15,000 Lbs. & Under); Bituminous (Asphalt)Plant & Paver, Screed; Boring Machine (Directional, Horizontal orVertical); Bulldozer or Endloader; Concrete Breaker (Large, Auto,Vibratory/Sonic, Manual or Remote); Concrete Conveyor System;Concrete Laser/Screed; Concrete Slipform Placer Curb & Gutter Machine;Crane (Carry Deck, Mini) or Truck Mounted Hydraulic Crane (10 Tons orUnder); Crane With a Lifting Capacity of 25 Tons or Under; ForestryEquipment, Timbco, Tree Shear, Tub Grinder, Processor; Gradall(Cruz-Aire Type); Grader or Motor Patrol; Hydro-Blaster (10,000 PSI orOver); Loading Machine (Conveyor); Manhoist; Material or Stack Hoist;Mechanic or Welder; Milling Machine; Post Hole Digger or Driver; RailroadTrack Rail Leveling Machine, Tie Placer, Extractor, Tamper, Stone Leveleror Rehabilitation Equipment; Roller (Over 5 Ton); Scraper (Self Propelledor Tractor Drawn) 5 cu yds or More Capacity; Shoulder Widener;Sideboom; Skid Rig; Stabilizing or Concrete Mixer (Self-Propelled or 14Sor Over); Tractor (Scraper, Dozer, Pusher, Loader); Tractor or TruckMounted Hydraulic Backhoe; Trencher (Wheel Type or Chain Type); TubeFinisher; Tugger (NOT Performing Work on the Great Lakes); Winches &A-Frames.


Backfiller; Broom or Sweeper; Compactor (Self-Propelled or TractorMounted, Towed & Light Equipment); Concrete Finishing Machine (RoadType); Environmental Burner; Farm or Industrial Type Tractor; Fireman(Asphalt Plant, Pile Driver & Derrick NOT Performing Work on the GreatLakes); Forklift; Greaser; Hoist (Tugger, Automatic); Jeep Digger; JointSawer (Multiple Blade); Launch (NOT Performing Work on the GreatLakes); Lift Slab Machine; Mechanical Float; Mulcher; Power Subgrader;Robotic Tool Carrier (With or Without Attachments); Roller (Rubber Tire, 5Ton or Under); Self-Propelled Chip Spreader; Shouldering Machine; SkidSteer Loader (With or Without Attachments); Telehandler.




$ $ $

553 29.65 19.95 49.60

554 29.65 19.95 49.60

Page 20 of 21

Page 20 of 24



Air Compressor (&/or 400 CFM or Over); Air, Electric or Hydraulic JackingSystem; Augers (Vertical & Horizontal); Automatic Belt Conveyor & SurgeBin; Boiler (Temporary Heat); Crusher, Screening or Wash Plant;Generator (&/or 150 KW or Over); Heaters (Mechanical); High PressureUtility Locating Machine (Daylighting Machine); Mudjack; Oiler; PrestressMachine; Pug Mill; Pump (3 Inch or Over) or Well Points; Rock, StoneBreaker; Screed (Milling Machine); Stump Chipper; Tank Car Heaters;Vibratory Hammer or Extractor, Power Pack.



Fiber Optic Cable Equipment.



$ $ $

555 36.17 21.15 57.32

556 27.89 17.20 45.09

*************************************************************** END OF RATES ***************************************************************

Page 21 of 21

Page 21 of 24

Page 22 of 24

Page 23 of 24

Page 24 of 24

Specifications


01 01 00-1

SECTION 01 01 00

GENERAL REQUIREMENTS

1.01 PROJECT DESCRIPTION

A. In general, the project involves constructing a new drop inlet structure at the upstream inlet to the Spooner Lake Dam.

B. The project is located as shown on the Drawings.

1.02 PROJECT MEETINGS

A. A preconstruction conference will be scheduled after award of contract and prior to beginning work. This meeting shall be attended by A/E, Owner, and an authorized representative of Contractor.

B. Periodic progress meetings will be held at project site at times designated by Owner or A/E. A responsible representative of Contractor who can bind Contractor to decisions shall attend.

1.03 WORK HOURS

A. Work shall be conducted between the hours of 7:00 a.m. to 6:00 p.m. on normal work days, unless approved for unusual circumstances.

B. Give written notice to A/E whenever it is desired to perform work at night, or on a Saturday, Sunday, or holiday, or to vary period of hours during which work is carried on each day. If approved, such work shall be subject to requirements furnished in writing by A/E, and no extra compensation will be allowed.

1.04 SUBMITTALS

A. Submit items for review as listed below and as indicated in individual specification sections. Unless otherwise indicated, submit the following quantities for each type of submittal:

1. Construction Schedule: PDF electronic file or 2 paper copies. 2. Shop Drawings: PDF electronic file or minimum 3 paper copies (2 retained, 1 returned). 3. Product Data: PDF electronic file or minimum 3 paper copies (2 retained, 1 returned). 4. Appearance Samples: 2 samples (1 retained, 1 returned). 5. Certificates of Compliance: PDF electronic file or 2 paper copies. 6. Permits and Approvals: PDF electronic file or 1 paper copy. 7. Test Reports: PDF electronic file or 2 paper copies. 8. Operation and Maintenance (O/M) Manuals: 2 paper copies. 9. Warranties: PDF electronic file or 2 paper copies.

B. Shop drawing and product data submittals shall bear the stamp of approval of Contractor as evidence of accuracy, compatibility, and conformance with contract requirements. Drawings and product data not so stamped will be returned without being examined. Where manufacturer's standard literature includes multiple products or options, identify the specific products and options as required for this project. Specific written notice shall be given of each variation that shop drawings and product data may have from requirements of the Contract Documents.

C. Products subject to shop drawing, product data, or sample review shall not be used in the work until submittals have been reviewed and bear the stamp and signature of A/E. Submittals will only be reviewed for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Contractor shall be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his or her work

01 01 00-2

with that of all other trades, and performing all work in a safe and satisfactory manner. Corrections or comments made on submittals shall not relieve Contractor from compliance with requirements of Drawings and Specifications and shall not be considered an order for extra work.

1.05 PERMITS AND CODES

A. Owner will obtain the following permits, licenses, and approvals:

1. Water regulatory permits from WDNR and U.S. Army Corp. of Engineers.

B. Contractor shall comply with the requirements of the above permits, licenses, and approvals. If a copy of a permit, license, or approval is not available for review prior to the Bid Deadline, and if it contains a requirement not covered by the Contract Documents, such a requirement will be considered extra work if Contractor makes a claim under the terms of the General Conditions. Work shall not begin on items applicable to the above until the required permit, license, or approval is received.

C. Contractor shall provide all other necessary permits and licenses and pay all fees, taxes, and royalties, unless otherwise indicated.

D. Comply with local and municipal ordinances and applicable state and national codes.

1.06 TEMPORARY UTILITIES

A. Contractor shall be responsible for providing temporary electric power as required for construction purposes. Provide portable power supply or make arrangements with local utility company.

B. Contractor shall be responsible for obtaining water for its needs. Pay cost of water used and meter rental, if applicable.

C. Contractor shall provide temporary outside toilets sufficient for construction workers. Toilets shall be self-contained chemical type and shall comply with applicable Codes. Maintain sanitary facilities in a clean and sanitary condition; supply toilet paper until completion of project.

1.07 PROTECTION

A. Furnish and maintain proper barricades, fences, signal lights, warning signs, and personnel as required to properly protect and safeguard the work, persons, animals, and property against injury.

1.08 ENVIRONMENTAL CONTROLS

A. See Section 01 57 19.

1.09 TRAFFIC CONTROL

A. Spooner Lake Road will be closed at project site during construction. Owner will furnish and maintain required barricades and signing. Coordinate required closure dates with Owner.

B. Conduct operations to ensure minimum interference with streets, walks, and adjacent facilities that are open or not part of construction project.

C. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations.

01 01 00-3

1.10 PRODUCT REQUIREMENTS

A. Provide new products manufactured and conditioned for the particular application as recommended by manufacturer, unless otherwise noted. Transport, handle, store, and protect products as specified and in accordance with manufacturer's recommendations.

B. Products, materials, and equipment identified by reference to a manufacturer's name, catalog number, or model are identified for the purpose of establishing a standard of type, function, appearance, and quality. Unless otherwise noted, any other product, material, or equipment which will perform adequately the duties imposed by the general design will be considered for substitution in accordance with the provisions below.

C. Requests for substitution of alternate products or use of "or equal" items shall be submitted with complete references to manufacturer's product identification and product data indicating composition, guarantee, availability, applicable standards or agency approvals met or exceeded, restrictions imposed on product, and manufacturer's recommended method of application or installation. A substitution or an "or equal" item will be considered acceptable if the product will perform adequately the duties imposed by the general design and, in opinion of A/E, is of equal substance, quality, appearance, and function, unless the named item is necessary for interchangeability or if the named product has been demonstrated to be most cost-effective.

1.11 SURVEYS, STAKING, LINE AND GRADE

A. Owner will provide baseline reference points and benchmarks as indicated on Drawings. Contractor shall provide all other survey staking and layout as required to complete the Work.

1.12 FIELD MEASUREMENTS AND INSPECTION OF SURFACES

A. Contractor shall layout its Work based on reference points furnished by Owner and shall be solely responsible for the accuracy of its measurements. Verify grades, lines, levels, locations, and dimensions as shown on Drawings, and inspect surfaces that are to receive work before proceeding with fabricating, assembling, fitting, or erecting. Notify A/E in writing in case of unsuitable conditions, defective substrates, or discrepancies in Contract Documents. Starting of work shall imply acceptance of conditions.

B. Correct any errors or defects due to faulty measurements, improper layout, or failure to report discrepancies.

1.13 CONSTRUCTION CLEANING

A. Keep work area free of accumulations of surplus materials, rubbish, and debris.

1.14 PUNCH LIST

A. A "punch list" will be prepared and distributed to Contractor at Substantial Completion. Items on punch list shall be completed within 30 days. Required submittals (see below) shall be completed prior to or when requesting final payment.

1.15 CLOSEOUT SUBMITTALS

A. Submit the following items to A/E prior to or with final Application for Payment:

1. Project record drawings marked to show all changes made during construction. Dimension underground and concealed work and utilities from permanent reference points; record vertical distances. Make and record measurements to the nearest 0.5 ft on a clean drawing set.

2. State labor certification on required form indicating that prescribed wage rates have been paid on all project labor.

01 01 00-4

3. Evidence of continuing insurance coverage complying with insurance requirements (see Conditions of the Contract).

4. Contractor's affidavit, along with final releases and waivers of liens as required by Owner, indicating that all debts and claims against project (less amounts withheld by Owner) have been paid in full or otherwise satisfied.

5. Consent of surety company to final payment.

1.16 DEFINITIONS

A. Dimensions on drawings and details are subject to field measurements.

B. The term "working days" shall exclude weekends (Saturday and Sunday) and holidays.

C. References to "Division 00" shall mean the Bidding Requirements and Contracting Requirements.

D. References to "WDNR" shall mean Wisconsin Department of Natural Resources.

E. References to "WIDOT Std. Spec." shall mean Wisconsin Department of Transportation, Standard Specifications for Highway and Structure Construction, latest edition, including current Supplemental Specifications.

F. References to "A/E", "Architect", or "Engineer" shall mean Ayres Associates.

G. References to "Owner" shall mean Washburn County.

END OF SECTION

01 22 50-1

SECTION 01 22 50

MEASUREMENT AND PAYMENT

1.01 GENERAL REQUIREMENTS

A. Payment for all work done in compliance with the Contract Documents, including all labor, equipment, materials, and performance of operations relative to construction of this project, will be made under the Bid Items listed below. Work required by the Contract Documents for which there is not a Bid Item will be considered incidental to the Contract and no additional compensation will be allowed.

B. Owner reserves the right to alter Drawings, modify incidental work as may be necessary, and increase or decrease quantities of work to be performed, including deduction or cancellation of any one or more Bid Items. Changes in the Work shall not be considered as a waiver of any conditions of the Contract nor invalidate any provisions thereof. When changes result in revised quantities of work to be performed, Contractor shall accept payment according to contract unit prices appearing in the original Contract. A supplemental agreement between Contractor and Owner may be requested by either party when cumulative changes involve a net increase or decrease of more than 20 percent in total contract amount.

C. Final measured quantities determined in field by A/E at time of construction shall govern over approximate quantities shown on the Bid Form, unless otherwise noted. Contractor shall take no advantage of any apparent error or omission in Drawings or Specifications, and A/E shall be permitted to make corrections and interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents.

1.02 MOBILIZATION

A. This item consists of work and operations necessary for movement of personnel, equipment, supplies, and incidentals to project site and for establishment of Contractor's offices and other temporary facilities necessary for work on project; and of all other work and operations which must be performed, or for which costs must be incurred before beginning work on various items on project site; and demobilization at completion of work.

B. Measurement for payment will be as a complete unit of work acceptably performed.

C. Payment will be made at the contract lump sum price for MOBILIZATION, payable to Contractor in accordance with the following schedule:

1. When 5 percent or more of original contract amount is earned, 40 percent of amount bid for mobilization will be paid.



1.03 EROSION CONTROL

A. This work consists of furnishing, installing, and maintaining erosion and sediment control measures in accordance with Section 01 57 19.


C. Payment will be made at the contract lump sum price for EROSION CONTROL, payable to Contractor in accordance with the following schedule:

1. When erosion and sediment control measures are installed, 75 percent of amount bid for dewatering will be paid.

01 22 50-2

2. When erosion and sediment control measures are removed, 100 percent of amount bid for dewatering will be paid.

1.04 CONSTRUCTION DEWATERING

A. This work consists of diverting surface water, constructing cofferdams, and dewatering construction site in accordance with Section 31 05 15 as required to complete the work.


C. Payment will be made at the contract lump sum price for CONSTRUCTION DEWATERING, payable to Contractor in accordance with the following schedule:

1. When site is dewatered for construction, 75 percent of amount bid for dewatering will be paid.

2. When all dewatering measures are removed, 100 percent of amount bid for dewatering will be paid.

1.05 DEMOLITION/REMOVALS

A. This work consists of removing the existing stoplog/gate structure, railing, and beam guards in accordance with Section 31 05 10.


C. Payment will be made at the contract lump sum price for DEMOLITION/REMOVALS.

1.06 EARTHWORK

A. This work consists of excavation for construction of structures in accordance with Section 31 20 00.


C. Payment will be made at the contract lump sum price for EARTHWORK.

1.07 STRUCTURAL FILL

A. This work consists of furnishing, placing and compacting of structural fill in accordance with Section 31 20 00.

B. Measurement for payment will be the number of cubic yards acceptably placed in the thickness and locations shown on the drawings and confirmed in field.

C. Payment will be made at the contract unit price per cubic yard for STRUCTURAL FILL.

1.08 CAST-IN-PLACE CONCRETE – DAM

A. This work consists of furnishing and placing formwork, reinforcement, accessories, and cast-in-place concrete for drop inlet structure foundation and walls in accordance with Section 03 30 00.

B. Measurement for payment will be the number of cubic yards of cast-in-place concrete acceptably placed.

C. Payment will be made at the contract unit price per cubic yard for CAST-IN-PLACE CONCRETE - DAM.

01 22 50-3

1.09 CAST-IN-PLACE CONCRETE – DECK

A. This work consists of furnishing and placing formwork, reinforcement, accessories, and cast-in-place concrete deck in accordance with Section 03 30 00.

B. Measurement for payment will be the number of square feet of cast-in-place concrete acceptably placed.

C. Payment will be made at the contract unit price per square foot for CAST-IN-PLACE CONCRETE - DECK.

1.10 BEAM GUARD AND END TREATMENTS

A. This work consists of furnishing and installing of beam guard and end treatments in accordance with Section 32 39 20.


C. Payment will be made at the contract lump sum price for BEAM GUARD AND END TREATMENTS.

1.11 STEEL RAILING

A. This work consists of furnishing and installing of steel railing in accordance with Sections 05 52 04 and 09 90 00.

B. Measurement for payment will be the number of linear feet of railing acceptably installed.

C. Payment will be made at the contract unit price per linear foot for STEEL RAILING.

1.12 STEEL TRASHRACKS

A. This work consists of furnishing and installing of steel trashracks in accordance with Section 05 50 00.


C. Payment will be made at the contract lump sum price for STEEL TRASHRACKS.

1.13 STAINLESS STEEL SLIDE GATE

A. This work consists of furnishing and installing of slide gate in accordance with Section 35 20 32.


C. Payment will be made at the contract lump sum price for STAINLESS STEEL SLIDE GATE.

1.14 STOPLOGS, SLOTS, AND GRATING

A. This work consists of furnishing and installing of timber stoplogs, angle slots, and stainless steel grating in accordance with Sections 05 50 00, 05 53 04, and 35 20 82.


C. Payment will be made at the contract lump sum price for STOPLOGS, SLOTS, AND GRATING.

01 22 50-4

1.15 DAM WARNING SIGN

A. This work consists of furnishing and installing of dam warning sign in accordance with Section 32 39 76.


C. Payment will be made at the contract lump sum price for DAM WARNING SIGN.

1.16 BENCHMARK MARKER

A. This work consists of furnishing and installing benchmark marker in the concrete structure in accordance with Section 03 30 00.


C. Payment will be made at the contract lump sum price for BENCHMARK MARKER.

1.17 CHAIN LINK FENCE AND GATE

A. This work consists of furnishing and installing of chain link fencing with swing gate in accordance with Section 32 31 10.


C. Payment will be made at the contract lump sum price for CHAIN LINK FENCE AND GATE.

END OF SECTION

01 57 19-1

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

PART 1 GENERAL

1.01 SUMMARY

A. Provide temporary environmental controls as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 SUBMITTALS

A. Inspection Reports: Submit one copy of weekly inspection reports for erosion and sediment controls.

PART 2 PRODUCTS

2.01 SILT FENCE

A. Geotextile fabric and support system complying with the requirements of WIDOT Std. Spec., Subsection 628.2.6, except geotextile fabric shall have a maximum flow rate of 10 gal/minute/sq ft at 50 mm constant head as determined by multiplying permittivity in 1/second as determined by ASTM D4491 by a conversion factor of 74.

2.02 TURBIDITY BARRIER

A. Turbidity barrier shall conform to the WDNR Conservation Practice Standard 1069-Turbidity Barrier. This standard is available on the WDNR website at:

dnr.wi.gov/topic/stormwater/standards/const_standards.html.

2.03 STONE TRACKING PAD MATERIALS

A. Aggregate: 3 to 6 in. clear or washed stone. All material shall be retained on a 3 in. sieve.

B. Geotextile Fabric: WIDOT Std. Spec., Section 645, Type R fabric.

2.04 TEMPORARY SEED

A. Temporary seed mixture complying with requirements of WIDOT Std. Spec., Subsection 630.2.1.5.1.2.

PART 3 EXECUTION

3.01 EROSION CONTROL

A. Applicable Standards: Unless otherwise shown or specified, erosion control measures shall comply with:

1. WDNR "Stormwater Management Technical Standards" (available on the WDNR web site at dnr.wi.gov/topic/stormwater/standards/const_standards.html).

B. General: Maintain erosion control measures to protect the project site and prevent sediment pollution of adjacent water courses and properties. At a minimum, provide erosion control measures as indicated on Drawings.

01 57 19-2

C. Time Period: Install erosion control measures prior to start of construction and maintain them until final completion of work. Unless otherwise instructed, remove temporary erosion control measures prior to final application for payment.

D. Stripping: Strive to limit stripping of sod and vegetation to a period that will expose bare soil to the least possibility of erosion that construction requirements will allow.

E. Diversions: Construct and maintain dams, channels, flumes, sumps, and other temporary diversion and protective works to divert streamflow and other surface water through or around construction site and away from work while construction is in progress. Unless otherwise specified, a diversion must discharge into the same natural drainageway in which its head waters are located.

F. Tracking Pads: Prevent tracking of soils and sediments onto public and private streets by constructing temporary graveled access roads and parking areas as needed at the construction site. Remove at the end of each work day soils and sediment reaching public and private streets not part of the construction site.

G. Sediment Deposits: Remove and dispose of sediment deposits when deposits reach one-half the volume capacity of sediment barrier, unless otherwise indicated.

3.02 TURBIDITY BARRIER INSTALLATION AND MAINTENANCE

A. Turbidity barrier shall be installed, operated, and maintained conforming to WDNR Conservation Practice Standard 1069-Turbidity Barrier. Do not remove turbidity barrier until the water behind the barrier has equal or greater clarity than the waterway.

3.03 EROSION CONTROL MONITORING AND REPORTING

A. Contractor shall conduct the following inspections:

1. Weekly inspections of implemented erosion and sediment controls. 2. Inspections of erosion and sediment controls within 24 hours after a precipitation event

that produces 0.5 in. of rain or more during a 24 hour period.

B. Contractor shall prepare weekly written reports of all inspections that include:

1. Date, time, and exact place of inspection. 2. Name of individual who performed inspection. 3. An assessment of condition of erosion and sediment controls. 4. A description of any erosion and sediment control implementation and maintenance

performed. 5. A description of the present phase of construction at site.

3.04 DUST CONTROL

A. Minimize dispersion of dust from construction operations by application of water or other dust control materials. Controls shall confine dust and dirt within the immediate area of project. Masonry and debris shall be thoroughly soaked during demolition and loading operations.

3.05 NOISE CONTROL

A. Provide noise control measures to limit the amount of noise and prevent nuisance. Properly equip all equipment with mufflers. Limit construction activities generating significant noise to normal working hours.

3.06 HAZARDOUS ENVIRONMENTAL CONDITIONS

A. If underground petroleum storage tanks, petroleum contaminated soils, or other hazardous environmental conditions are encountered, and are not identified to be part of the work,

01 57 19-3

Contractor shall immediately stop all work in connection with the hazardous condition and shall notify Owner and A/E. (See the General Conditions of the Contract for specific procedures that may apply.)

END OF SECTION


03 30 00-1

SECTION 03 30 00

CAST-IN-PLACE CONCRETE

PART 1 GENERAL

1.01 SUMMARY

A. Provide cast-in-place concrete work as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 SUBMITTALS

A. Shop Drawings: Submit shop drawings for fabrication, bending, and placement of concrete reinforcement. Comply with ACI 315.

B. Product Data: Submit product data for concrete accessories.

C. Mix Designs: Submit proposed mix designs to A/E ten days prior to beginning concrete work. Do not begin concrete production until mixes have been reviewed.

D. Delivery Tickets: Submit delivery ticket to A/E for each load of concrete delivered to project.

E. Test Reports: Testing agency shall submit copy of field and laboratory reports to A/E.

F. Make submittals in accordance with Section 01 01 00.

1.03 QUALITY ASSURANCE

A. Give A/E two working days notification of all planned concrete pours so that appropriate construction observation can be present at the project site.

B. Prior to placing concrete, request review of reinforcement steel by A/E.

1.04 CODES AND STANDARDS

A. Comply with the following codes and standards, except as otherwise designated:

1. ACI 301 Specifications for Structural Concrete. 2. ACI 304 Guide for Measuring, Mixing, Transporting and Placing Concrete. 3. ACI 318 Building Code Requirements for Structural Concrete. 4. ACI SP-2 Manual of Concrete Inspection.

1.05 TESTING

A. Contractor shall arrange and pay for services of a qualified testing agency acceptable to Owner and independent of Contractor.

B. Testing agency shall test concrete to measure slump, entrained-air content, temperature, and compressive strength to determine compliance with specifications. Furnish test apparatus and cylinders, perform on-site sampling and testing, submit samples, and perform laboratory tests.

C. On-site tests shall be performed under observation of A/E unless waived.

D. Perform slump, air content, and temperature tests prior to concrete placement each day, whenever there is a change in consistency of concrete, and when concrete cylinders are prepared. If measured slump, air content, or temperature falls outside specified limits,

03 30 00-2

immediately check another portion of same batch. In event of a second failure, concrete shall be rejected.

E. During progress of work, prepare three test cylinders per 50 cu yd or fraction thereof for each class of concrete placed each day. Identify samples, moist cure in accordance with ASTM C31, and ship samples to testing laboratory for one 7-day compressive strength test and two 28-day tests.

F. Test procedures shall be in accordance with ASTM C31, C39, C143, C172, C231, and C1064.

G. Cost of tests, including materials and transportation, shall be paid by Contractor and shall be considered incidental to the various items of concrete work.

PART 2 PRODUCTS

2.01 CEMENTITIOUS MATERIAL

A. Cement: Portland cement, ASTM C150, Type I.

B. Fly Ash: ASTM C618, Class C.

2.02 AGGREGATES

A. Fine and coarse aggregates, ASTM C33, consisting of clean, hard, durable sand and crushed rock, crushed gravel, or gravel. Coarse aggregate shall meet grading requirements for size number 67, 57, or 467. Maximum coarse aggregate size for each class of concrete shall be as indicated in Part 4 Schedules. Ratio of coarse aggregate to fine aggregate shall not be less than 1:1 nor more than 2:1.

2.03 WATER

A. Mixing water shall be potable, free of oil, acid, excessive alkalinity, organic matter, and salts.

2.04 ADMIXTURES

A. Air-entrained admixture shall conform to ASTM C260. Other admixtures which do not adversely affect strength and durability of concrete may be used with permission of A/E, if used in strict accordance with manufacturer's instructions. Care shall be exercised to assure that the admixture does not increase or decrease air content outside of allowable limits. Do not use salt or chemical anti-freeze admixtures.

2.05 REINFORCING STEEL

A. ASTM A615, Grade 60, new billet steel bars.

B. Provide metal chairs, stirrups, spacers, and hangers to support reinforcement and insure against displacement during placement of concrete. For exposed-to-view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are plastic protected (CRSI, Class 1) or stainless steel protected (CRSI, Class 2).

2.06 FORMWORK

A. Forms for Exposed Finish Concrete: Construct forms for exposed concrete surfaces with water-resistant plywood, metal, metal-framed plywood-faced, or other acceptable panel type materials, to provide continuous, straight, smooth, exposed surfaces. Furnish in largest practicable sizes to minimize number of joints and to conform to joint system if shown. Provide form material with sufficient thickness to withstand pressure of newly placed concrete without bow or deflection. Rust-stained steel forms are not acceptable.

03 30 00-3

B. Forms for Unexposed Finish Concrete: Construct forms for concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal, or other acceptable material. Provide lumber that is dressed on at least one side and two edges for tight fit.

2.07 EXPANSION JOINT FILLER

A. Exterior Joints: Premolded joint filler, ASTM D1751, asphalt-saturated cellulosic fiber; 1/2 in. thickness by depth of concrete, unless otherwise shown.

2.08 WATERSTOP

A. PVC Waterstop: Retrofit waterstop; Greenstreak "667", or approved equal. Use poly (vinyl chloride) with no reclaimed material. Factory fabricate corners, intersections, and directional changes.

B. Hydrophilic Waterstop: Coiled, rope-like, cold joint waterstop impregnated with sodium bentonite which swells upon contact with water; CETCO/Volclay "Waterstop RX", Effective Building Products "Waterstop-Plus", Greenstreak "Swellstop", or approved equal.

2.09 BENCHMARK MARKER

A. Brass or aluminum, 3-1/4 in. diameter, standard monument marker for embedding in cast-in-place concrete.

2.10 CURING COMPOUND

A. White, waterborne, membrane-forming curing compound, ASTM C309, Type 2, Class B, dissipating.

2.11 CONCRETE MIXTURES

A. Conform to minimum standards for class and usage in Part 4 Schedules.

B. Prepare design mixes for each type of concrete on the basis of compressive strength by methods recommended in ACI 318. Use an independent materials laboratory for preparing and reporting proposed mix designs.

PART 3 EXECUTION

3.01 PREPARATION

A. Wet forms with form release agent.

B. Sprinkle subgrade with water.

C. Separate old concrete and adjacent structures from new pour with expansion joint filler.

D. Unless otherwise designated on Drawings, position reinforcement steel to provide minimum concrete cover of 3 in. for footings, 2 in. for foundation walls, 3 in. for bottom of slabs on grade, and 1 in. for slabs exposed to dry interior spaces, and 2 in. for slabs exposed to water or wastewater.

3.02 JOINTS

A. General: Construct joints true to line with faces perpendicular to surface plane of concrete.

B. Construction Joints: Locate and install construction joints so that strength and appearance of concrete is not impaired, at locations shown or as approved by A/E.

03 30 00-4

C. Isolation and Expansion Joints: Provide expansion joint filler to isolate exterior slabs-on-grade from walls and other vertical building surfaces, and where shown.

D. Contraction Joints in Slabs: Provide contraction (control) joints in slabs-on-grade to form panels of patterns as shown. If joint pattern is not shown, provide joints not exceeding 15 ft in either direction and located to conform to bay spacing wherever possible (at column centerlines, half bays, third-bays).

1. Form contraction joints by inserting 1/4 in. x 1/4 slab depth premolded plastic, hardboard, or fiberboard strip into fresh concrete until top surface of strip is flush with slab surface. Tool slab edges round on each side of insert. After concrete has cured, remove inserts and clean groove of loose debris.

2. Contraction joints in unexposed floor slabs may be formed by 1/8 in. x 1/4 slab depth saw cuts. Saw joints prior to formation of shrinkage cracks; achieve an even crisp joint.

E. Contraction Joints in Walls: Provide contraction (control) joints in walls as shown. If not shown, provide a contraction joint within 10 to 15 ft of wall corner and at a maximum spacing of 25 ft thereafter.

1. Total depth of inside and outside contraction joints shall be 1/4 of wall thickness.

3.03 WATERSTOP INSTALLATION

A. PVC Waterstop: Provide continuous waterstop where shown. Splice PVC waterstops by heat sealing adjacent surfaces in accordance with manufacturer's recommendations. Do not expose waterstop to a direct flame which could cause charring. Lap splices are not permitted. Embed approximately half of the waterstop on each side of joint. Support and protect waterstop during construction and repair or replace damaged waterstop.

B. Hydrophilic Waterstop: Provide cold joint waterstop where shown. Install waterstop in accordance with manufacturer's recommendations. Place joint material to water side of reinforcement; comply with minimum cover requirements.

3.04 MIXING CONCRETE

A. "Ready-mix" concrete shall be produced, delivered and handled in accordance with ASTM C94. Concrete shall be deposited at job site within one hour after introduction of water in mix. Care shall be taken in transferring concrete from truck or mixer to avoid segregation of aggregates in mixture.

3.05 CONCRETE PLACEMENT, GENERAL

A. Place concrete as specified and in accordance with ACI 304. Maintain reinforcing steel in proper position.

B. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause formation of seams or planes of weakness. If a section cannot be placed continuously, provide construction joints. Deposit concrete as near as practicable to final location to avoid segregation from rehandling or flowing. Do not subject concrete to any procedure which will cause segregation.

C. Screed concrete to proper level to avoid excessive skimming or grouting.

D. Do not use concrete which becomes non-plastic and unworkable, or does not meet required quality control limits, or which has been contaminated by foreign materials. Do not use retempered concrete. Remove rejected concrete from project site.

E. Rock pockets or voids found after forms are removed shall be filled immediately with a well-mixed grout composed of one part of Portland cement and three parts of fine aggregate finished to true surface of concrete.

03 30 00-5

F. Concrete shall not be placed around castings, frames, joints, and other embedded items until they have been accurately adjusted and set to required alignment and grade. Prior to placing of concrete, castings, frames, and embedded metal fixtures shall be painted on their contact surface with a heavy coat of asphaltic mastic or separated with expansion joint filler.

3.06 PLACING CONCRETE INTO FORMS

A. Deposit concrete in forms in horizontal layers not deeper than 18 in. and in a manner to avoid inclined construction joints.

B. Remove temporary spreaders in forms when concrete placing reaches elevation of spreaders.

C. Consolidate concrete in forms by mechanical vibrating equipment and supplement by hand-spading, rodding or tamping. Use vibrators designed to operate at a speed of not less than 6000 impulses per minute when submerged in concrete. Vibration of forms and reinforcing will not be permitted.

D. Do not use vibrators to move concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than visibly effective. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other items without segregation of mix.

3.07 PLACING CONCRETE SLABS

A. Deposit and consolidate concrete slabs in a continuous operation, within limits of construction joints, until panel or section is complete.

B. Consolidate concrete during placing operations using mechanical vibrating equipment. Thoroughly work concrete around reinforcement and other embedded items and into corners. Consolidate concrete placed in beams and girders of supported slabs, and against bulkheads of slabs on ground, as specified for formed concrete structures. Consolidate concrete in remainder of slabs by vibrating bridge screeds, roller pipe screeds, or other acceptable methods. Limit time of vibrating consolidation to prevent bringing an excess of fine aggregate to surface.

C. Bring slab surfaces to correct level with straight edge and strike off. Use bull floats or darbies to smooth surface, leaving it free of humps or hollows. Do not sprinkle water on concrete surface while in plastic state. Do not disturb slab surfaces prior to beginning finishing operations.

3.08 COLD WEATHER PLACING

A. Protect concrete work from physical damage or reduced strength caused by frost, freezing actions, or low temperatures, in compliance with ACI 306 and as specified below.

1. When air temperature falls to or is expected to fall below 40 deg F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 60 deg F (50 deg F for heavy sections) and not more than 90 deg F at point of delivery.

2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. Ascertain that forms, reinforcing steel, and adjacent concrete surfaces are entirely free of frost, snow and ice before placing concrete.

3. During seasons when atmospheric temperature may be expected to drop below 40 deg F, concrete shall be protected by covering with impermeable paper and not less than 12 in. of loose dry hay or straw. Retain covering for ten days.

03 30 00-6

3.09 HOT WEATHER PLACING

A. When hot weather conditions exist that would seriously impair quality and strength of concrete, place concrete in compliance with ACI 305 and as specified below.

1. Cool ingredients before mixing to maintain concrete temperature at time of placement below 80 deg F. Mixing water may be chilled, or chopped ice may be used to control temperature provided water equivalent of ice is calculated in total amount of mixing water.

2. Cover reinforcing steel with water-soaked burlap if it becomes too hot, so that steel temperature will not exceed the ambient air temperature immediately before embedment in concrete.

3. Spray forms, reinforcing steel, and subgrade just before concrete is placed. 4. Do not use set-control admixtures, unless approved by A/E.

3.10 FINISHING FORMED SURFACES

A. Provide standard rough finish to formed surfaces to be concealed in finish work or by other construction, unless otherwise designated. Standard rough form finish shall be the concrete surface having texture imparted by form facing material, with defective areas repaired and patched and fins and other projections exceeding 1/4 in. in height rubbed down with wood blocks.

B. Provide standard smooth finish for formed surfaces exposed-to-view or to receive a covering applied directly or bonded to concrete, such as waterproofing, dampproofing, or paint. Standard smooth finish shall be the as-cast concrete surface obtained with form facing material, with defective areas repaired and patched and fins and other projections on surface completely removed and smoothed.

3.11 FINISHING UNFORMED SURFACES

A. Thoroughly float surface after concrete has been struck off. Check and level surface plane to a tolerance not exceeding 1/4 in. in 10 ft when tested with a 10 ft straightedge placed on surface at not less than two different angles.

B. Exterior walks, ramps, pavements, curb and gutter, and driveways shall have a lightly broomed surface with grain perpendicular to direction of travel.

C. Edges shall be neatly trimmed with 1/4 in. radius edging tool.

3.12 CURING AND SEALING

A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Cure formed and unformed concrete for seven days or until 75 percent of the required 28-day compressive strength is obtained, whichever is less.

B. Curing Compound: Apply white-pigmented membrane curing compound to exterior pavements, walks, curbs, and other slabs, unless otherwise indicated.

3.13 CONCRETE SURFACE REPAIRS

A. Formed Surfaces: Request inspection of concrete surfaces immediately after removal of formwork. After inspection, repair and patch defective areas as soon as practicable.

1. Remove bulges and projections by chipping or tooling. Rub or grind surface after removal.

2. For patching, use dry-pack mortar consisting of one part portland cement to 2-1/2 parts fine aggregate passing a No. 16 mesh sieve and only enough water as required for handling and placing. Cut out honeycomb, rock pockets, voids over 1/4 in. diameter, and holes left by tie rods and bolts. Remove defects down to solid concrete but, in no

03 30 00-7

case, to a depth of less than 1 in. Make edges of cuts perpendicular to concrete surface or slightly undercut to provide a key at edge of cut. Thoroughly clean, dampen with water, and brush-coat area to be patched with bonding agent. Place patching mortar before bonding agent has dried. Compact mortar in place and strike off slightly higher than surrounding surface. For exposed-to-view surfaces, patch shall match color of surrounding concrete.

3. For patching less than 1 in. in depth, Contractor may propose a proprietary patching product in lieu of removing concrete to minimum depth of 1 in. Submit proposed product to A/E for approval.

B. Unformed Surfaces: Repair surfaces that do not meet specified requirements.

1. Correct low and high areas. Submit proposed repair products to A/E for approval. 2. Fill cracks with an approved epoxy mortar which will match slab finish in density and

performance. Grind filler smooth and even with adjacent surface, free of bumps or depressions at joint.

PART 4 SCHEDULES

4.01 CLASSES OF CONCRETE

Min. Comp. Min. Max. Air Strength Max. Cement, Water- Content, @ 28 days, Max. Agg. Bags/ Cement % By Class p.s.i. Slump Size C.Y.* Ratio Volume

AA 4000 4" 3/4" 6 0.45 5-8%*

* Fly ash shall be used to constitute between 15 to 30% by weight of total cementitious material.

4.02 USAGE SCHEDULE

A. Use Class AA concrete for all work.

END OF SECTION


05 50 00-1

SECTION 05 50 00

METAL FABRICATIONS

PART 1 GENERAL

1.01 SUMMARY

A. Provide metal fabrications as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 COORDINATION

A. Furnish inserts and anchoring devices to be embedded in concrete for installation of miscellaneous metal work. Provide setting drawings, templates, and instructions for installation of anchorage devices. Coordinate delivery with related work to avoid delays.

B. See concrete section for installation of inserts and anchors.

1.03 SUBMITTALS

A. Shop Drawings: Submit shop drawings for fabrication and erection of miscellaneous metal assemblies. Include product data, load tables, layouts, elevations, details of sections, connections, anchorage and accessory items. Provide templates for anchors and bolts installed under other sections.

B. Make submittals in accordance with Section 01 01 00.

1.04 FIELD MEASUREMENTS

A. Take measurements prior to shop fabrication. Allow for trimming and fitting to make field adjustments. Correct defects resulting from failure to take proper measurements.

PART 2 PRODUCTS

2.01 STEEL

A. Shapes, Plates, and Bars: ASTM A36.

2.02 STAINLESS STEEL

A. Sheet, Strip, and Plate: ASTM A240 or ASTM A666, Type 304 or Type 316.

B. Bars and Shapes: ASTM A276, Type 304 or Type 316.

2.03 GRATING STUDS

A. Stainless steel headed concrete anchors; Nelson Stud, or approved equal.

2.04 EPOXY ADHESIVE ANCHORS

A. Adhesive shall be Hilti "HIT-RE 500-SD", Powers Fasteners "PE1000+", or Simpson "SET-XP".

B. Anchor rods shall be stainless steel, ASTM F593 (AISI 304), Condition CW, with a minimum tensile strength of 100 ksi. Anchor rods shall be furnished with chamfered ends so that either end will accept a nut and washer. Alternatively, anchor rods shall be furnished with a 45

05 50 00-2

degree chisel point on one end for hole insertion. Nuts shall conform to ASTM F594, and washers to ASTM F436.

C. Embedment depth into sound concrete shall develop the tensile strength of anchor.

2.05 EXPANSION ANCHORS

A. Anchors shall be Hilti, ITW Ramset/Red Head, Powers Fasteners, Simpson Strong-Tie, Wej-it, or approved equal.

B. Anchors shall comply with FS FF-S-325. Anchor bolts shall be preformed stainless steel rod with threaded ends as required. Nuts and washers shall be stainless steel.

C. Minimum shall be 1500 lb, unless otherwise indicated. Minimum pullout shall include spacing and edge distance requirements. Anchor shall meet requirements for cracked concrete.

2.06 FASTENERS

A. Galvanized Steel: When galvanized or zinc-coated fasteners are specified, bolts, nuts, and washers shall comply with ASTM A307, Grade A, and shall have zinc coating complying with ASTM A153; except fasteners 1/2 in. or less in diameter may be coated with electrodeposited zinc or cadmium, ASTM B633.

B. Stainless Steel: When stainless steel fasteners are specified, bolts shall comply with ASTM F593, and nuts shall comply with ASTM F594; Alloy Group 1 or Alloy Group 2.

2.07 GALVANIZING REPAIR PAINT

A. High zinc-dust content paint for regalvanizing welds in galvanized steel, complying with SSPC-Paint 20.

2.08 FABRICATION

A. Use materials of designated type, size, and thickness or, if not shown, of required strength, stiffness, and durability. Work to field measurements and shop drawings, using proven details of fabrication and support. Miscellaneous framing and support members shall comply with AISC Specification.

B. Where exposed to view, use materials that are smooth and free of surface blemishes such as pitting, seam marks, roller marks, rolled trade names, and roughness.

C. Form work true to line and level with accurate angles and surfaces and straight sharp edges. Ease exposed edges to a radius of approximately 1/32 in. unless otherwise shown. Form bent-metal corners to smallest radius possible without causing grain separation or other impairment. Shearings and punchings shall be clean and true.

D. Weld corners and seams continuously; comply with AWS recommendations. Grind exposed welds smooth and flush; match and blend with adjoining surfaces. Weld discoloration of exposed surfaces is not acceptable.

E. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners wherever possible. Use exposed fasteners of type shown or, if not shown, Phillips flathead (countersunk) screws or bolts.

F. Provide anchorage devices and fasteners for securing miscellaneous metal items to in-place construction, including threaded fasteners for concrete and masonry inserts, toggle bolts, through-bolts, lag bolts, wood screws, and other connectors as required. Cut, reinforce, drill, and tap miscellaneous metal work as required to receive hardware and connections required by other trades.

05 50 00-3

G. Preassemble and fit items to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly identify units for reassembly and installation.

2.09 GALVANIZING

A. Galvanize designated items in accordance with ASTM A153 for steel hardware and ASTM A123 for steel products.

B. Galvanize after fabrication where practicable.

2.10 STAINLESS-STEEL FINISHES

A. Remove tool and die marks and stretch lines or blend into finish.

B. Provide mill finish No. 1, unless otherwise indicated.

C. When finishing is completed, passivate and rinse surfaces. Remove embedded foreign matter and leave surfaces chemically clean.

PART 3 EXECUTION

3.01 INSTALLATION

A. Install anchorage devices and fasteners for adequate support. Perform cutting, drilling, and fitting, as required. Set work accurately in location, alignment, and elevation, plumb, level, true, and free of rack, measured from established lines. Provide temporary bracing or anchors in formwork for items to be built into concrete, masonry, or similar construction.

B. Fit exposed connections to form tight hairline joints. Field weld connections which cannot be shop welded because of shipping size limitations. Comply with AWS Code for manual shielded metal-arc welding, appearance and quality of welds, and methods for correcting welding work. Grind exposed joints smooth and touch-up with shop primer. Do not weld, cut, or abrade surfaces of exterior units which have been hot-dip galvanized after fabrication and are intended for bolted or screwed field connections.

3.02 FINISH TOUCH-UP

A. Repair damage to galvanized surfaces in accordance with ASTM A780.

END OF SECTION


05 52 04-1

SECTION 05 52 04

STEEL RAILINGS

PART 1 GENERAL

1.01 SUMMARY

A. Provide steel railings as shown and as specified. Comply with applicable provisions of Divisions 00 and 01 and Section 05 50 00.

1.02 SUBMITTALS

A. Shop Drawings: Submit shop drawings and product data in accordance with Section 01 01 00.

PART 2 PRODUCTS

2.01 STEEL PIPE

A. ASTM A53, black finish, Sch. 80, Type E or S, Grade B.

2.02 STEEL RAILINGS

A. Fabricate welded steel railings from 1-1/2 in. round steel pipe, unless otherwise shown. Welds shall be ground smooth and flush.

B. Post spacing shall not exceed 4 ft, unless otherwise shown. Where not shown otherwise, top of top rail shall be 42 in. above floor or 34 in. above stair treads measured vertically at stair riser line.

C. Form simple and compound curves by bending pipe in jigs to produce uniform curvature for each repetitive configuration required; maintain cylindrical cross-section of pipe throughout entire bend without buckling, twisting or otherwise deforming exposed surfaces of pipe.

2.03 BRACKETS, FLANGES, FITTINGS AND ANCHORS

A. Provide miscellaneous fittings and anchors for interconnections of pipe and attachment of railings to other work. Furnish inserts and other anchorage devices for connecting railings to concrete or masonry work.

2.04 PRIMER

A. See Section 09 90 00.

PART 3 EXECUTION

3.01 INSTALLATION

A. Installation shall be in accordance with shop drawings and manufacturer's recommendations. Perform cutting, welding, and fitting required for installation. Set the work accurately in location, alignment, and elevation. Install plumb, level, true, and free of rack.

B. Fit exposed connections accurately together to form tight hairline joints. Weld connections which cannot be shop-welded because of shipping size limitations. Grind joints smooth and touch-up shop paint coat.

05 52 04-2

C. Adjust railings prior to securing in place to ensure proper matching at butting joints and correct alignment throughout their length. Space posts and supports as shown. Plumb posts in each direction. Secure posts and rail ends to construction as shown. Fasteners shall be tightened so completed railing is rigid and completely free of play at joints and attachments.

3.02 PROTECTION FROM ENTRAPPED WATER

A. For exterior use, provide drains from railing system to prevent damage caused by freezing of entrapped water.

B. When posts are mounted into concrete or when bends or elbows occur at low points, drill 1/8 in. diameter weep holes at lowest elevations.

3.03 EXPANSION JOINT INSTALLATION

A. Provide expansion joints at locations indicated, or if not indicated, at intervals not to exceed 40 ft. Provide slip joint with internal sleeve extending 2 in. beyond joint on either side; fasten internal sleeve securely to one side; locate joint within 6 in. of posts.

END OF SECTION

05 53 04-1

SECTION 05 53 04

STAINLESS STEEL GRATINGS

PART 1 GENERAL

1.01 SUMMARY

A. Provide steel gratings and appurtenances as shown and as specified. Comply with applicable provisions of Divisions 00 and 01 and Section 05 50 00.

1.02 SUBMITTALS

A. Shop Drawings: Submit shop drawings in accordance with Section 01 01 00. Indicate arrangement of grating assemblies, grating frames, and attachment details.

PART 2 PRODUCTS

2.01 STEEL BAR GRATING

A. Fabricate welded stainless steel bar gratings in accordance with NAAMM "Metal Bar Grating Manual." Bar size and spacing shall be as indicated on Drawings. Traffic surface shall be serrated.

B. Edge band openings which interrupt 4 or more bearing bars.

C. Provide not less than 4 saddle clips for each grating section.

D. All grating and components shall be stainless steel.

2.02 FRAMES

A. Fabricate from structural-steel shapes, plates, and bars of welded construction to sizes, shapes, and profiles indicated and as necessary to receive gratings. Miter and weld connections for perimeter angle frames. Cut, drill, and tap units to receive hardware and similar items.

B. Frames shall be stainless steel.

2.03 ACCESSORIES

A. Attachment anchors, saddle clips, and other fastening devices shall be as recommended by manufacturer. Fasteners shall adequately restrain lateral movement of grating.

2.04 PADLOCKS AND CHAINS

A. Padlocks shall be keyed, brass padlocks suitable for outdoor use with hard-wrought laminated brass case, 4-pin tumbler locking mechanism, brass cylinder, and case-hardened chrome-plated steel shackle.

B. All padlocks for project shall be keyed alike. Provide three keys.

C. Chain shall be medium strength (Grade 30) stainless steel chain, link size as appropriate for the application.

05 53 04-2

PART 3 EXECUTION

3.01 INSTALLATION

A. Install gratings, frames, and attachment devices in accordance with shop drawings and manufacturer's recommendations at locations as shown.

B. Provide removable sections over equipment locations and where noted. Securely fasten sections of grating adjacent to removable sections and wherever lateral movement is not restrained by bearing frames.

END OF SECTION

09 90 00-1

SECTION 09 90 00

PAINTING AND COATING

PART 1 GENERAL

1.01 SUMMARY

A. Provide painting and coating as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 WORK INCLUDED

A. Work includes:

1. Shop priming and shop painting railings.

1.03 DEFINITIONS

A. Applicable abbreviations are:

1. DFT: Dry Film Thickness. 2. SSPC: The Society for Protective Coatings.

1.04 SUBMITTALS

A. Product Data: Submit manufacturer's specifications, including label analysis and application instructions for each material specified.

B. Color Charts: Furnish color charts for verification of paint color by Owner.

C. Make submittals in accordance with Section 01 01 00.

PART 2 PRODUCTS

2.01 PAINT AND COATINGS

A. Provide products by one of the following or approved equal:

1. Tnemec. 2. Carboline. 3. PPG Protective & Marine Coatings. 4. Sherwin-Williams Co.

B. Contractor shall submit a specific list of products he wishes to use if manufactured by a company other than that noted in Painting Schedule.

C. Refer to Drawings and painting schedule for finishes and coating systems to be applied to various surfaces.

D. Provide best quality grade of coatings as regularly manufactured by approved paint manufacturers. Materials not displaying manufacturer's identification as a standard, best-grade product will not be acceptable.

09 90 00-2

PART 3 EXECUTION

3.01 SUBSTRATE EXAMINATION

A. Examine substrates and surfaces and conditions under which work is to be performed. Do not proceed with this work until unsatisfactory conditions have been corrected.

B. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions otherwise detrimental to formation of a durable paint film.

3.02 SURFACE PREPARATION

A. Perform preparation procedures for each substrate in strict accordance with paint manufacturer's instructions and as specified.

B. Remove all hardware, hardware accessories, and similar items in place and not to be painted, or provide surface-applied protection prior to surface preparation and painting operations. Remove mounted accessories if necessary for complete painting of items or adjacent surfaces. Following completion of painting, reinstall removed items.

C. Clean surfaces to be painted before applying paint or surface treatments. Remove oil and grease prior to mechanical cleaning. Program cleaning and painting so that contaminants from cleaning process will not fall onto wet, newly-painted surfaces.

D. Within 8 hours after surface cleaning but in any event prior to the deposition or formation of any detectable moisture, contaminants, or corrosion, all ferrous surfaces that have been blast cleaned shall be cleaned of dust and abrasive particles by brushing, vacuum cleaning, and/or blowdown with clean, dry compressed air, and given the first coat of paint.

3.03 MATERIAL PREPARATION

A. Prepare painting materials in accordance with manufacturer's directions. Mix materials before application to produce uniform density. Stir as required during application of materials. Do not stir surface film into material; remove film and, if necessary, strain material before using.

B. Store materials not in actual use in tightly covered containers. Maintain containers used in storage, mixing and application of paint in a clean condition, free of foreign materials and residue.

3.04 APPLICATION

A. Apply paint in accordance with manufacturer's directions. Use applicators and techniques best suited for type of material being applied.

B. The finished paint coating shall be free from holidays, pinholes, bubbles, runs, drops, ridges, waves, laps, unnecessary brush marks, and variations in color, texture, and gloss. All paint coats shall be applied in such manner as to produce an even, continuous film of uniform thickness. Edges, corners, crevices, seams, joints, welds, and other surface irregularities shall receive special attention to ensure that they receive an adequate thickness of paint.

C. Paints shall be applied only to surfaces that are above the dewpoint temperature and that are completely free of moisture. The temperature of the surfaces to be painted and of air in contact with them shall be not less than 50 deg. F. during paint application nor shall paint be applied if the surfaces can be expected to drop to 50 deg. F. before the film has dried to a reasonably firm condition. Paint shall not be applied to surfaces heated by direct sunlight or other sources to temperatures that will cause detrimental blistering, pinholing, or porosity of the film.

09 90 00-3

PART 4 SCHEDULES

4.01 PAINTING SCHEDULE

A. Coating Systems: Provide the following coating systems for the various substrates indicated. Named products are specified to establish a standard of type and quality. See "Paint and Coatings" article, above, for a complete list of acceptable manufacturers.

B. Ferrous Metal: Use for exposed ferrous metal railing:

1. System Type: Epoxy-polyurethane. 2. Surface Preparation: Commercial blast cleaning (SSPC SP-6). 3. Primer: One coat Tnemec Series N69 Hi-Build Epoxoline II at 3.0 to 5.0 mils DFT. 4. Intermediate: One coat Tnemec Series N69 Hi-Build Epoxoline II at 2.0 to 3.0 mils

DFT. 5. Finish: One coat Tnemec Series 1075 Endura-Shield II at 2.0 to 5.0 mils DFT. 6. Total DFT: 7.0 to 13.0 mils.

END OF SECTION


31 05 10-1

SECTION 31 05 10

SITE PREPARATION

PART 1 GENERAL

1.01 SUMMARY

A. Provide site preparation as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

B. Work includes, but is not limited to:

1. Protection of improvements, plants, and utilities. 2. Removal and replacement of improvements. 3. Location of utilities and coordination with utility companies. 4. Site demolition.

PART 2 (NOT USED)

PART 3 EXECUTION

3.01 PROTECTION

A. Protect improvements on site and on adjoining properties. Provide barricades, coverings, or other types of protection as necessary to prevent damage and to safeguard against injury. Restore to original condition improvements damaged by the work or improvements which required temporary removal during construction.

B. Protect existing vegetation indicated to remain against unnecessary cutting, breaking, bruising, or smothering by stockpiling excavated materials or parking of vehicles within drip line. Provide temporary fences, tree wells, barricades, or guards; repair or replace trees and vegetation damaged by construction operations.

C. Maintain survey monuments, reference points, and benchmarks; notify Owner of disturbance to markers.

D. No extra payment or time will be allowed for protection work that could have been suspected or anticipated by site inspection and interpretation of bidding documents prior to execution of contract.

3.02 LOCATING EXISTING UTILITIES

A. Location and description of underground utilities and structures shown on drawings are approximate and are based on records available to Owner or surface features indicating their existence. There may be other utilities within project area that are not shown.

B. Notify all affected utility companies of construction operations at least three working days before beginning work near their facilities. Do not begin excavation work until underground utility locations have been marked.

C. Use caution when excavating so that exact location of underground utilities, both known and unknown, may be determined. Provide adequate protection and support for utilities during construction operations.

D. If uncharted or incorrectly charted utilities are encountered during excavation work, or if proposed construction conflicts with existing utilities, give prompt notice and submit proposed

31 05 10-2

solution to A/E for approval. Cooperate with Owner and public and private utility companies to keep their services and facilities in operation. Repair damaged utilities to satisfaction of utility owner.

3.03 DEMOLITION

A. Remove structures, pavements, utilities, and other improvements within construction limits as shown and as required for construction.

B. If removing only a portion of pavement, curb, gutter, sidewalk, or similar surface improvements, remove the improvement to an existing joint or saw cut the improvement to provide a smooth straight joint.

C. Owner shall have first right to retain all useful salvage. All items not retained by Owner and construction debris shall become property of Contractor.

3.04 DEBRIS DISPOSAL

A. Remove debris and excess materials from site and legally dispose of it; do not burn debris.

END OF SECTION

31 05 15-1

SECTION 31 05 15

CONSTRUCTION DEWATERING

PART 1 GENERAL

1.01 SUMMARY

A. Provide construction dewatering as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

B. Work under this Section shall consist of removal of surface water and ground water as necessary to perform required work, including:

1. Building and maintaining temporary impounding works, channels, and diversions. 2. Furnishing, installing, and operating pumps, piping, and other facilities and equipment. 3. Removing temporary works and equipment when no longer required.

C. Contractor shall be responsible for:

1. Protection of work area and safely passing stream flow for duration of construction. 2. Means and methods for dewatering work areas, including the actual dimensions,

configurations, stability, and dewatering capacity of cofferdams and protective works.

D. Contractor shall repair, at its expense, any damage to foundations, structures, or other improvements caused by failure of any part of cofferdams or protective works.

1.02 SUBMITTALS

A. Dewatering Plan: Submit a written plan and drawings of proposed method for dewatering and diversion of water. Submittal shall include methods of construction and other details left open to Contractor's choice, or not fully shown on Contract Drawings. Cofferdams, diversions, or other temporary structures submitted by Contractor shall be designed and sealed by a registered professional engineer.

B. Written plan, drawings, and permit application shall be submitted to A/E at least 10 days prior to start of construction of cofferdams or deep excavations. Note that changes in the cofferdam plan from what is shown on the Drawings may require submittal to WDNR for approval and take 90 days to obtain in some instances.

C. Type and clearance of dewatering and diversion of water, insofar as such details affect character of finished work will be subject to approval of A/E, but other details of design will be left to Contractor who shall be responsible for successful construction of work. Acceptance of dewatering plan by A/E will not relieve Contractor of responsibility for completing specified work.

1.03 PERMITS

A. Rehabilitation of the dam, including cutting and filling in water course for cofferdams and diversions, shall be in accordance with Wisconsin Department of Natural Resources (WDNR) and U.S. Army Corps of Engineers (COE) permits issued for project.

B. Owner has obtained permits to rehabilitate dam from WDNR and COE and the work is subject to their inspection, review, and approval. Refer to Appendix A.

C. Should Contractor's actions or construction not be in compliance with applicable permits, Contractor shall remedy situation as directed by Owner, and all costs associated with those actions shall be borne by Contractor.

31 05 15-2

1.04 SITE CONDITIONS

A. Information on flood flows at the dam and discharge capacity is presented in Appendix B.

B. Minimum flow at all times during construction shall be 5 cfs.

C. Contractor shall develop a contingency plan for passing up to 25 cfs with additional dewatering pipes or pumps.

PART 2 PRODUCTS

2.01 MATERIALS

A. Contractor shall furnish all materials for and shall construct and maintain, as it deems necessary, all cofferdams, channels, drains, sumps, and protective works for protection of work areas.

B. Contractor, at its option, may select whatever materials are available at project site for use in cofferdam, subject to permit requirements.

PART 3 EXECUTION

3.01 DIVERTING SURFACE WATER

A. Construct, maintain, and operate cofferdams, channels, flumes, sumps, and other temporary diversion and protective works to divert streamflow and other surface water through or around construction site and away from work while construction is in progress. Unless otherwise specified, diversions must discharge into the same natural drainageway in which its headwaters are located.

B. Surface water diversion procedures shall not create a condition where erosion or deposition of materials occurs in stream. Riprap or other means of protection shall be provided for erosion protection adjacent to all cofferdams where flows could occur.

C. Diversion works which are moved out of position by any cause during installation shall be righted or enlarged so as to provide necessary clearance.

D. As work area is dewatered, diversion works that are not watertight shall be plugged or sealed as much as practical to reduce infiltration of water into work area.

E. No shoring or sheeting will be permitted in diversion works which will induce stress, shock, or vibration in permanent structure.

F. Vibratory hammers are prohibited within 10-ft of structures.

3.02 DEWATERING EXCAVATIONS AND WORK AREAS

A. Foundations, cutoff trenches, and other parts of construction site shall be dewatered and kept free of standing water or excessively muddy conditions for proper execution of construction work. Furnish, install, operate, and maintain wells, drains, sumps, pumps, and other equipment needed to perform dewatering as specified. Dewatering methods that cause loss of fines from foundation materials will not be permitted.

B. Maintain pumping operations to keep work area dry until all materials, equipment, and debris have been removed and diversion works is to be removed.

31 05 15-3

3.03 DEWATERING BORROW AREAS

A. Maintain borrow areas in drainable condition or otherwise provide for timely and effective removal of surface waters that accumulate, for any reason, within borrow areas.

3.04 REMOVAL OF TEMPORARY WORKS

A. Remove temporary works when no longer required; level and grade earth as required to restore appearance and to prevent obstruction to flow or any other interference with operation of or access to permanent works.

B. Sheeting installed within 10-ft of structures is to be cutoff below grade if it cannot be removed without damaging the structure. Do not vibrate sheets within 10-ft of structures.

C. Unless otherwise noted, pipes and casings shall be removed from temporary wells and wells shall be filled to adjacent ground level with gravel or other approved material.

D. Construction dewatering material shall be removed from site and properly disposed of.

E. Contractor shall make its own arrangements for a disposal site and shall pay all costs involved.

END OF SECTION


31 20 00-1

SECTION 31 20 00

EARTH MOVING

PART 1 GENERAL

1.01 SUMMARY

A. Provide earth moving as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 RELATED SECTIONS

31 05 10 Site Preparation.

1.03 CLASSIFICATION

A. Excavation of materials encountered under this work will be unclassified without regard to type, difficulty to remove, or suitability for use in construction.

1.04 SUBMITTALS

A. Test Reports: Submit reports for laboratory and field tests required under "Testing" article. Test reports for footing and slab subgrades shall be submitted prior to placing concrete or paving materials. Make submittals in accordance with Section 01 01 00.

1.05 TESTING

A. Contractor shall arrange and pay for soil sampling and testing by a qualified testing agency, acceptable to Owner and independent of Contractor. Test soil materials for suitability for intended purpose.

B. Test subgrade and fill materials for gradation in accordance with ASTM C136 for conformance with ASTM D2487 gradation limits. Test materials for liquid limit and plasticity index in accordance with ASTM D4318. Analyze materials within 3 ft of finished grades of paved areas to determine frost susceptibility.

C. Provide one optimum moisture-maximum density curve for each type of soil encountered in subgrade and fills under structure slabs and foundations and paved areas; determine maximum densities in accordance with ASTM D1557.

D. During course of work, testing agency shall inspect and approve subgrades and fill layers before further construction work is performed on each layer. Perform field density tests in accordance with standard, recognized procedures. Take tests as follows:

1. Structure Slabs: Perform at least one field density test on fill subgrade for every 2000 sq ft of structure slab area, but in no case less than three tests. In each compacted fill layer, perform at least one field density test for every 2000 sq ft of overlaying structure slab area, but in no case less than three tests.

E. If in opinion of A/E, based on reports of testing agency and inspection, subgrade or fills which have been placed are below specified density, provide additional compaction and testing at no additional cost to Owner.

1.06 PROTECTION

A. Protect existing improvements, utilities, trees and shrubs, and reference marks in accordance with Section 31 05 10.

31 20 00-2

1.07 BLASTING

A. Use of explosives is not permitted.

PART 2 PRODUCTS

2.01 SOIL MATERIALS, GENERAL

A. Soil materials shall be free of organic matter, debris, frozen soils, ice, and other objectionable materials. Rock particles larger than maximum size specified shall be removed prior to placement of soil.

B. Select existing material from required excavations may be used for fill or backfill if it meets the specified product requirements. If necessary, furnish additional approved material from suitable off-site sources.

2.02 STRUCTURAL FILL

A. Select soils complying with ASTM D2487 soil classification groups GW, GP, SW, or SP; or these groups in combination with groups GM, GC, SM, or SC (dual symbol soils). Aggregate shall pass a 1-1/2-in. sieve and not more than 35% shall be retained on a No. 10 sieve. Maximum 12% by weight shall pass a No. 200 sieve; plasticity index shall not exceed 5.

PART 3 EXECUTION

3.01 PREPARATION

A. Prepare site for work in accordance with Section 31 05 10.

B. Layout and stake lines and grades as required to complete the work.

3.02 EXCAVATION FOR STRUCTURES

A. Excavate to achieve necessary dimensions, lines, and grades. Conform to elevations and dimensions shown within a tolerance of plus or minus 1 in., and extending a sufficient distance from footings and foundations as required for bracing and supports, concrete formwork, installation of services, other required construction, and for inspection.

B. For footings and foundations, take care not to disturb bottom of excavation. Excavate to final grade just before concrete is placed. Trim bottoms to required lines and grades to leave solid, undisturbed base to receive granular fill, base course, or concrete as shown.

3.03 UNAUTHORIZED EXCAVATION

A. Unauthorized excavation consists of removal of materials beyond indicated elevations or side dimensions without specific direction of A/E. Unauthorized excavation, as well as remedial work, shall be at Contractor's expense. Notify A/E prior to backfilling if unauthorized excavations are made.

B. Under footings, foundations, underpinning, equipment bases, and retaining walls, fill unauthorized excavation by extending indicated bottom elevation of footing or base to excavation bottom, without altering required top elevation. Lean concrete or compacted fill may be used to bring elevations to proper position when approved by A/E.

C. Elsewhere, backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed.

31 20 00-3

3.04 STABILITY OF EXCAVATIONS

A. Maintain sides and slopes of excavations in a safe condition until completion of backfilling. Slope sides of excavations to angle of repose of material excavated; otherwise, shore and brace where sloping is not possible either because of space restrictions or stability of material excavated. Take precautions to prevent slides or cave-ins when excavations are made in locations adjacent to backfilled excavations, and when sides of excavations are subjected to vibrations from traffic, machinery, or any other source. Comply with applicable codes and ordinances.

3.05 SHORING AND BRACING

A. Carry down shoring and bracing as required as excavation progresses. Maintain shoring and bracing while excavations are open.

B. Provide and maintain shoring and bracing, such as sheet piling, uprights, stringers and cross-braces, in good serviceable condition. Use timbers that are sound and free of large or loose knots.

C. Provide permanent steel sheet piling or pressure treated timber sheet piling wherever subsequent removal of sheet piling might permit lateral movement of soil under adjacent structures. Cut off tops as required and leave permanently in place.

3.06 DEWATERING

A. Perform earthwork in a manner to prevent surface water and ground water from flowing into excavations. Promptly remove water from excavations using pumps, sumps, and dewatering system components necessary to convey water away from excavations. If underground springs are encountered, notify A/E before proceeding.

B. Convey water removed from excavations and rain water to collection or run-off areas. Provide and maintain temporary drainage ditches and other diversions outside excavation limits for each structure. Do not use foundation or utility trench excavations as temporary drainage ditches.

C. Provide filter material, trash screens, and other devices around pumps and intakes to avoid pumping or discharging sediment from construction site.

3.07 STOCKPILING

A. Stockpile excavated materials meeting the requirements for fill and backfill where directed until required for the work. Place, grade, and shape stockpiles for proper drainage. Locate stockpiles a sufficient distance from edge of excavations, even though such excavations may be sheeted and braced, to prevent such material from falling or sliding into excavations and to prevent cave-ins.

3.08 COLD WEATHER PROTECTION

A. Protect excavation bottoms against freezing when atmospheric temperature is less than 35 deg F by covering with dry insulating materials of sufficient depth to prevent frost penetration.

3.09 SUBGRADE EXAMINATION AND PREPARATION

A. Examine subgrade prior to placing fill. Remove organic materials and debris subject to rot or corrosion. Plow, strip, or break-up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with subgrade.

B. Inform A/E of unsuitable, unconsolidated subgrade soils.

31 20 00-4

C. After subgrade soil is stable, scarify top 6 to 8 in., moisture condition, and compact surface to density specified in Part 4 Schedules.

D. Reconstruct subgrades damages by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by A/E, without additional compensation.

3.10 ADDITIONAL EXCAVATION (OVER EXCAVATION)

A. If unsuitable bearing materials, such as poorly compacted fill, existing foundations, rubble, debris, or organic deposits, are encountered at required subgrade elevations, carry excavations deeper and replace excavated material with properly compacted Structural Fill as directed by A/E.

B. Where over excavation below footing subgrade is required, widen over excavation beyond footing edges at least 1 ft for each 1 ft of over excavation depth.

C. Removal of unsuitable material and its replacement as directed will be paid for as extra work, unless a pay item is included in the Bid Schedule. Do not proceed with extra or unit price work until authorized.

3.11 FILLING AND BACKFILLING, GENERAL

A. Do not place fill until required subgrade preparation has been examined and approved by testing agency.

B. Backfill excavations as promptly as work permits, but not until completion of the following:

1. Acceptance by A/E of construction below finish grade. 2. Removal of concrete formwork. 3. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. Cut

off temporary sheet piling driven below bottom of structures and remove in manner to prevent settlement of the structure or utilities, or leave in place if required.

4. Removal of trash and debris.

C. Place fill or backfill in approximately horizontal layers; do not exceed the maximum lift thickness specified in Part 4 Schedules before compaction. Spread piles and windrows uniformly.

D. Adjacent to structures, place fill or backfill to prevent damage and allow structures to assume loads gradually and uniformly, at approximately the same rate on all sides of structure. Adjacent to earth-retaining structures, do not place fill or backfill until concrete has reached specified 28-day compressive strength (minimum 14 days). Do not travel heavy equipment over cast-in-place concrete work until it has reached specified 28-day compressive strength (minimum 14 days), unless otherwise approved.

3.12 SOIL FILL

A. Place and compact fill materials in layers to required elevations as follows:

1. Under footing and foundation areas: Use Structural Fill.

B. Do not place soil fill on frozen subgrades.

3.13 GRADING

A. Grade areas within project limits to achieve cross sections, lines, and elevations indicated. Slope grades to direct water away from structures and to prevent ponding. Finish surface to be reasonably smooth and free from irregular surface changes. Provide a smooth transition between adjacent existing grades and new grades.

31 20 00-5

B. Finish subgrades to required elevations within the following tolerances:

1. Structure Slabs: Tolerance of 0.5 in. when tested with 10 ft straightedge.

3.14 CONTROL OF MOISTURE CONTENT

A. During placement and compaction, maintain moisture content of materials within optimum range.

B. Apply water to fill materials by sprinkling materials at borrow site or after placement on fill if necessary. Obtain uniform moisture distribution by discing, blading or other approved methods prior to compaction of layer.

C. If material is too wet when deposited on fill, remove or dry it to specified moisture content prior to compaction.

D. If top surface of a preceding layer of compacted fill becomes too dry to permit suitable bond, scarify and moisten it by sprinkling to an acceptable moisture content prior to placement of next layer of fill.

3.15 COMPACTION

A. Compact each layer of soil material to not less than the percentage of maximum density specified in Part 4 Schedules.

B. Provide compaction equipment required to obtain specified compaction. Compaction by travel of grading equipment is not considered adequate for uniform compaction. Small vibratory compactors are required wherever fill is placed adjacent to foundation walls, footings, and piers. Pipe bedding and initial backfill shall be hand or mechanically tamped.

3.16 MAINTENANCE

A. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, re-shape, and compact to required density prior to further construction.

B. Where settling is measurable or observable at excavated areas during general project warranty period, remove surface (pavement, lawn or other finish), add fill or backfill material, compact, and replace surface treatment. Restore appearance, quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible.

3.17 DISPOSAL OF EXCESS AND WASTE MATERIALS

A. Remove excess excavated material, trash, debris, and other waste materials and legally dispose of them off-site.

31 20 00-6

PART 4 SCHEDULES

4.01 COMPACTION SCHEDULE

Lift Material Type Usage Thickness (1) Compaction (2)

Structural Fill Under foundations. 6"-8" 95%

(1) Place manually compacted materials in maximum 4 in. layers.

(2) Percent of maximum density determined in accordance with ASTM D1557 (Modified Proctor test).

END OF SECTION

32 31 10-1

SECTION 32 31 10

CHAIN LINK FENCES AND GATES

PART 1 GENERAL

1.01 SUMMARY

A. Provide chain link fences, gates, and appurtenances as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 SUBMITTALS

A. Shop Drawings: Submit shop drawings for fence, gates, and appurtenances. Include plan layout; fence height; location and sizes of posts, rails, braces, gates and footings; product data; and erection procedures.

B. Samples: Submit fabric and post samples, approximately 6-in. long or 6-in. square.

C. Make submittals in accordance with Section 01 01 00.


A. Provide chain link fence and gates as a complete unit produced by a single manufacturer, including necessary erection accessories, fittings, and fastenings.

PART 2 PRODUCTS

2.01 FABRIC

A. Fabric shall be 9 gage (0.148 in.) steel wire in a 2-in. mesh. Fabric shall be knuckled at one selvage and twisted and barbed at other selvage. Provide one-piece fabric widths for fence up to 12 ft.

B. Fabric shall be one of the following:

1. Aluminum-coated before weaving, ASTM A491, with not less than 0.40 oz aluminum per sq ft of surface.

2. Galvanized before or after weaving, ASTM A392, Class 2, with not less than 2.0 oz zinc per sq ft of surface.

2.02 FRAMEWORK, GENERAL

A. Framework shall be steel. Strength requirements shall conform to ASTM F1043.

B. Pipe sizes indicated are commercial pipe sizes.

C. Steel framework and appurtenances shall be galvanized as follows:

1. Pipe: ASTM F1083 (1.8 oz. zinc psf). 2. Hardware and Accessories: ASTM A153 (zinc weight per Table I).

2.03 POSTS

A. End, corner, and pull posts shall be of minimum sizes and weights as follows:

1. Over 6-ft fabric height: a. 2.875-in. O.D. pipe weighing 5.79 plf.

32 31 10-2

B. Line posts shall be of minimum sizes and weights as follows:

1. Over 6-ft fabric height: a. 2.375-in. O.D. pipe weighing 3.65 plf.

C. Gate posts for supporting single gate leaf, or one leaf of a double gate installation, for nominal gate widths shall be as follows:

1. Up to 6-ft wide: a. 2.875-in. O.D. pipe weighing 5.79 plf.

2.04 TOP RAILS

A. Top rails, unless otherwise shown, shall be as follows:

1. 1.660-in. O.D. pipe weighing 2.27 plf.

B. Furnish in manufacturer's longest lengths, with expansion type couplings approximately 6-in. long for each joint. Provide means for attaching top rail securely to each gate, corner, pull, and end post.

2.05 BRACES

A. Use 1.660-in. O.D. pipe weighing 2.27 plf for horizontal braces and 3/8-in. diameter rod with turnbuckle for diagonal trusses.

B. Provide bracing assemblies at end and gate posts and at both sides of corner and pull posts, with horizontal brace located at mid-height of fabric. Provide manufacturer's standard galvanized steel or cast iron cap for each end.

2.06 TENSION WIRE

A. 7 gage coil spring steel wire, finish to match fabric.

2.07 WIRE TIES

A. 9 gage steel wire or 6 gage preformed steel clips, finish to match fabric.

2.08 STRETCHER BARS

A. One piece lengths with minimum length 2 in. less than full height of fabric, with a minimum cross-section of 3/16 in. x 3/4 in. Provide one stretcher bar for each gate and end post, and two for each corner and pull post, except where fabric is integrally woven into post.

2.09 POST TOPS

A. Steel, wrought iron, or malleable iron, designed as a weather tight closure cap (for tubular posts). Provide one cap for each post. Furnish caps with openings to permit through passage of top rail.

2.10 GATES, GENERAL

A. Fabricate perimeter frames of gates from metal and finish to match fence framework. Assemble gate frames by welding. Provide horizontal and vertical members to ensure proper gate operation and attachment of fabric, hardware, and accessories. Space frame members maximum of 8 ft apart, unless otherwise indicated.

B. Provide same fabric as for fence, unless otherwise indicated. Install fabric with tension bars and bands at vertical edges and at top and bottom edges.

32 31 10-3

C. Install diagonal cross-bracing consisting of 3/8-in. diameter adjustable-length truss rods on gates to ensure frame rigidity without sag or twist.

2.11 SWING GATES

A. Swing gates shall comply with ASTM F900.

B. Gate frame members shall be as follows:

1. Over 6-ft high: a. 1.90-in. O.D. pipe weighing 2.72 plf.

C. Hinges shall be pressed or forged steel or malleable iron to suit gate size, non-lift-off type, offset to permit 180 deg gate opening. Provide 1-1/2 pair of hinges for each leaf over 6-ft nominal height.

D. Latch shall be forked type or plunger-bar type to permit operation from either side of gate. Provide padlock eye as integral part of latch.

2.12 CONCRETE

A. Comply with Section 03 30 00.

PART 3 EXECUTION

3.01 INSTALLATION, GENERAL

A. Install fence in compliance with ASTM F567.

3.02 FENCE ERECTION

A. Provide base plates by fence manufacturer. Unless otherwise shown on drawings, base plates shall be no less than 8-in. square and 1/2-in. thick. Follow manufacturer’s recommendation for concrete anchors, embedment, and installation practices.

B. Do not use expansion anchors within anchor embedment distance of wall face. For holes closer to wall edge, use epoxied anchors of equivalent strength.

C. Run top rail continuously through post caps or extension arms, bending to radius for curved runs. Provide expansion couplings as recommended by fencing manufacturer.

D. Install braces so posts are plumb when diagonal rod is under proper tension.

E. Install tension wire within 6 in. of bottom of fabric before stretching fabric and tie to each post with not less than same gage and type of wire. Pull wire taut, without sags. Fasten fabric to tension wire with 11-gage hog rings of same material and finish as fabric wire, spaced maximum 24 in. o.c.

F. Leave approximately 2 in. between finish grade and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Install fabric on security side of fence, and anchor to framework so that fabric remains in tension after pulling force is released.

G. Thread stretcher bars through or clamp to fabric 4 in. o.c., and secure to posts with metal bands spaced 15 in. o.c.

H. Tie fabric to line posts with wire ties spaced 12 in. o.c. Tie fabric to rails and braces with wire ties spaced 24 in. o.c. Tie fabric to tension wires with hog rings spaced 24 in. o.c. Use U-shaped wire, conforming to diameter of pipe to which attached, clasping pipe and fabric

32 31 10-4

firmly with ends twisted at least two full turns. Bend ends of wire to minimize hazard to persons or clothing.

I. Install nuts for tension band and hardware bolts on side of fence opposite fabric side. Peen ends of bolts or score threads to prevent removal of nuts.

J. Install gates plumb, level, and secure for full opening without interference. Install ground-set items in concrete for anchorage, as recommended by fence manufacturer. Adjust hardware for smooth operation and lubricate where necessary.

K. Repair damaged coatings in accordance with manufacturer's recommendations.

END OF SECTION

32 39 20-1

SECTION 32 39 20

BEAM GUARD

PART 1 GENERAL

1.01 SUMMARY

A. Provide beam guard as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

PART 2 PRODUCTS

2.01 GUARD RAIL

A. Conform to WIDOT Std. Spec., Section 614, and the Drawing details.

PART 3 EXECUTION

3.01 INSTALLATION

A. Install beam guard in accordance with WIDOT Std. Spec., Section 614, and the Drawing details.

END OF SECTION


32 39 76-1

SECTION 32 39 76

DAM WARNING SIGNS

PART 1 GENERAL

1.01 SUMMARY

A. Provide dam warning signs as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 SUBMITTALS

A. Shop Drawings: Submit shop drawings for signs. Show type of sign, materials, dimensions, colors, text, graphics, and method of attachment.

B. Make submittals in accordance with Section 01 01 00.

1.03 DELIVERY AND STORAGE

A. Ship sign materials and attachment devices carefully packaged to prevent surface damage. Include shop drawings and templates to insure correct installation and arrangement of all materials.

PART 2 PRODUCTS

2.01 DAM WARNING SIGN

A. Sign shall consist of sheet aluminum base material with non-reflective background and non-removable message and shall comply with the requirements for Type II Signs in WIDOT Std. Spec., Section 637.

B. Dimensions, color, and message of sign shall be as shown on Drawings.

C. Furnish stainless steel hardware of the type indicated on Drawings for attachment of sign to railing.

PART 3 EXECUTION

3.01 INSTALLATION

A. Install signs in accordance with manufacturer's instructions, shop drawings, and setting templates.

B. Signs shall be set plumb and level.

C. Touch-up any abrasions to finish. Completely clean signs of all foreign matter.

END OF SECTION


35 20 32-1

SECTION 35 20 32

STAINLESS STEEL SLIDE GATES

PART 1 GENERAL

1.01 SUMMARY

A. Provide stainless steel slide gates as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 SUBMITTALS

A. Shop Drawings: Submit shop drawings for slide gates, lifts, and portable electric operator.

B. Certification: Submit manufacturer's certification that slide gates comply with the specified requirements.

C. O/M Manuals: Submit operation and maintenance manuals for slide gates, lifts, and portable electric operator.

D. Make submittals in accordance with Section 01 01 00.

1.03 FIELD MEASUREMENTS

A. Field verify dimensions prior to gate fabrication.

PART 2 PRODUCTS

2.01 ACCEPTABLE MANUFACTURERS

A. Provide slide gates by a single manufacturer; Rodney Hunt, Whipps, Hydro Gate, or approved equal. Substitutions shall be submitted in accordance with Section 01 01 00 and the Instructions to Bidders.

2.02 SLIDE GATES AND ACCESSORIES

A. Provide fabricated stainless steel slide gates complying with AWWA C561 and 4.01 Stainless Steel Slide Gate Schedule.

B. Gates designated for flush-bottom closure shall have a seal mounted either on gate slide or on gate frame. Full length of contacting member shall be accurately machined to make an effective seal when gate is closed.

2.03 LIFTS

A. Gates shall be operated manually and by portable electric operator.

B. Manually-operated gates shall have hand crank operator with pedestal. Hand crank shall be removable and mounted approximately 36 in. above floor.

C. Rising stem gates shall be supplied with galvanized steel stem covers. Lifts shall be furnished with an indicator of dial (or counter) type. At manufacturer's option, rising stem gates shall be supplied with clear plastic stem covers with graduations to indicate gate position.

35 20 32-2

2.04 PORTABLE ELECTRIC OPERATOR

A. Lift operator shall be a portable, electric-powered wrench or drill with reversing features and an overload release clutch. Overload release clutch shall be of adjustable, spring-loaded, drive-pawl type which releases instantly at preset, predetermined torque. Motor shall be designed to operate on 120 v, 1 ph, 60 hz current.

B. Provide one portable electric operator with fitting or coupling suitable for connecting to all lifts furnished under this section.

2.05 FINISH

A. Ferrous metal surfaces shall receive surface preparation and high-solids epoxy protective coating or equivalent suitable for outdoor exposure before shipment to site.

B. Machined surfaces, tapped holes, and threads shall receive protective coat of grease.

PART 3 EXECUTION

3.01 GATE INSTALLATION

A. Install gates in accordance with shop drawings and manufacturer's recommendations and in a manner that will prevent leakage around seats and binding of gates during operation.

B. Surfaces of metal against which concrete will be placed shall be free from oil, grease, loose mill scale, loose paint, surface rust, and other debris or objectionable coatings.

C. Anchor bolts, thimbles, and frames shall be secured in true position and in forms and held in alignment during placement of concrete.

D. Concrete surfaces against which seals will bear or against which flat frames or plates are to be installed shall be smooth and uniform.

E. When a flat frame is installed against concrete, a layer of bedding mortar shall be placed between frame and concrete.

F. When a gate is attached to a wall thimble, mastic or resilient gasket shall be applied between gate frame and thimble in accordance with recommendation of gate manufacturer.

3.02 LIFT INSTALLATION

A. Gate stems, stem guides, and gate lifts shall be carefully aligned so that stem is parallel to guide bars or angles on gate frame after installation.

3.03 OPERATIONAL TESTS

A. Clean, lubricate, and otherwise service gates and lifts in accordance with manufacturer's instructions. Operate gate and lift several times throughout its full range. Adjust as necessary to insure satisfactory operation of gate system.

B. Test operation of portable electric operator.

3.04 LEAKAGE TEST

A. Perform a leakage test on all slide gates. Maximum permissible leakage shall be in compliance with AWWA C561, 5.2.2. Adjust gates to meet permissible leakage.

35 20 32-3

PART 4 SCHEDULES

4.01 STAINLESS STEEL SLIDE GATE SCHEDULE

Max. Unbalanced Size (in.) H Dist* Frame Head (ft) Wall Quantity w x h Stem* Type* (ft) Type Seating Unseating Thimble Operation

1 24x24 R WM 9’-8” Flange 5.5 0 No M and E Frame

*Abbreviations:

Stem: R - rising stem

Type: WM – wall mount

Lift Operation: M – manual E – portable electric operator

H Dist: Vertical distance from center of gate opening to base of lift.

END OF SECTION


35 20 82-1

SECTION 35 20 82

TIMBER STOP LOGS

PART 1 GENERAL

1.01 SUMMARY

A. Provide timber stop logs as shown and as specified. Comply with applicable provisions of Divisions 00 and 01.

1.02 ABBREVIATIONS

AWPA - American Wood Preservers Association. AWPB - American Wood Preservers Bureau. WCLIB - West Coast Lumber Inspection Bureau. WWPA - Western Wood Products Association.


A. Timber shall be factory-marked to identify type, grade, inspection agency, producing mill and other qualities as specified.

B. Obtain measurements and verify dimensions shown and shop drawing details before proceeding with timber work.

PART 2 PRODUCTS

2.01 TIMBER STOP LOGS

A. Timber shall comply with U.S. Product Standard PS-20 for American Softwood Lumber, U. S. Dept. of Commerce, and with rules of applicable manufacturer's association or authorized inspection bureau under which each species of timber is produced.

B. Nominal sizes specified refer to undressed timber dimensions. Dress timber four sides (S4S). Maintain 19% maximum moisture content for all pieces of construction timber. Mark timber "DRY."

C. Timber shall be No. 1 Douglas Fir (WWPA or WCLIB) or equivalent.

2.02 WOOD PRESERVATIVE TREATMENT

A. Pressure treat all timber in accordance with AWPA U1, Use Category UC4B for critical components in contact with ground or fresh water.

1. Use water-borne preservatives containing no arsenic or chromium. 2. Mark wood with treatment quality mark of an inspection agency approved by the ALSC

Board of Review.

B. If wood is cut after treatment, coat cut surfaces with heavy brush coat of same preservative used for treatment in accordance with AWPA M4.

2.03 HARDWARE AND FASTENERS

A. Hot-dipped galvanized, zinc-coated, or stainless steel.

35 20 82-2

PART 3 EXECUTION

3.01 INSTALLATION

A. Install stop logs in slots as shown.

END OF SECTION

Appendices


A-1

APPENDIX A

A-2

A-3

A-4

B-1

APPENDIX B

HYDRAULIC MODEL RESULTS

Table 1 Hydraulic Model Results

Recurrence Interval (yr)

Peak Inflow (cfs) Peak

Reservoir Elevation (ft)

Peak Outflow (cfs)

100 1,000 1090.2 23

500 1,350 1090.5 37

1,000 1,525 1090.6 43


APPENDIX C

GEOTECHNICAL DATA

Subsurface investigations have been performed pertaining to this project site. A copy of the geotechnical report follows. Please read the following information before using this report.

Geotechnical investigations have been performed in accordance with generally accepted soil and foundation engineering practices. However, boring logs and related information depict subsurface conditions only at the specific locations and particular times designated. Soil conditions at other locations may differ from conditions occurring at these boring locations. Also the passage of time may result in changed conditions at these boring locations.

Bidder may rely upon the accuracy of the technical data contained in the report, but not upon nontechnical data, interpretations, or opinions contained therein or for the completeness thereof for Bidder's purposes. The geotechnical report is not a Contract Document.

Bidder shall make additional investigations as it deems necessary to determine the subsurface character of the work and shall examine the site and the drawings as well as the record of soil investigations to determine conditions under which the work will be completed. Obtain Owner's permission before conducting further site explorations.

See the General Conditions (EJCDC C-700, paragraph 5.04) for the differing site conditions clause applicable to the project.

C-1

C-2

C-3

C-4

C-5

C-6